Land Act 1994 – 11 November 2016
Land Act 1994 – 11 November 2016
Land Regulation 2009 – 1 July 2016
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The government may grant unallocated State land to an entity.
- Sections 3, 14, 16, 112, 113, 115, 116, 120, 137, 139, 374, 443, Schedules 1, 6
The government may lease unallocated State land to an entity. Note: Mandatory conditions apply to the lease as set out in Chapter 5, Part 2, Division 1 of this Act. Regulated conditions for leases can be found in Schedule 10A of the Land Regulation 2009.
- Sections 3, 15, 16, 112, 113, 115, 116, 120, 137, 138A, 139, 153, 198C, 199, 199A, 212A, 212B, 212C, 213, 234, 277A, 279, 374, Schedules 1A, 6; Regulation 61, Schedule 10A
A document transferring a lease, sublease or licence or creating an interest in a lease or sublease must be signed by: (a) the transferor or the person creating the interest; and (b) the transferee or the person in whose favour the interest is to be created or a lawyer authorised by the transferee or person.
- Sections 288, 310, 311, 316; Regulation 46
A total or partial discharge or release of mortgage need only be signed by the mortgagee (whom is usually the bank).
- Sections 288, 310, 311; Regulation 46
If the consent of a person is required or permitted for a dealing with a lease, sublease or licence, the consent must be written on the document for the dealing or if the government considers it appropriate, deposited with the relevant document.
- Section 289
A document is not registered if Ministerial approval or consent is required and has not been obtained or the terms of the document are inconsistent with the terms of any approval/ consent.
- Sections 3, 299A, Schedule 6
A document does not transfer a lease or licence or create a legal interest in a lease until it is registered.
- Sections 3, 301, 302, 323, 325, 326, 335, Schedule 6
A lease, licence or sublease may be transferred to a person only if the person is eligible to hold the lease, licence or sublease under this Act, and only if the Minister has given written approval to the transfer. Note: Ministerial approval lapses if the transfer is not lodged in the land registry within 6 months. See Chapter 4, Part 2 for information on eligibility to hold land.
- Sections 142, 322, 326A, 374A, 375, 391A
A lease issued under this Act may be subleased if the Minister has given written approval to the sublease (or other requirements are satisfied) and the person to hold the sublease is eligible under this Act. Note: A copy of the sublease is to accompany an application seeking the Minister’s approval. It is also worthy to note that Ministerial approval lapses if the sublease is not lodged in the land registry within 6 months. Another approval generally required is that of the mortgagee (if any in existence). See Chapter 4, Part 2 for information on eligibility to hold land.
- Sections 3, 142, 332, 333, 334, 334A, 337, 338, 339, 374A, 391A, Schedule 6; Regulation 47
A registered sublease may be amended by registering an amendment of the sublease. Note: Prior to registration, ministerial approval is generally required (approval is to endorse the document). Another approval generally required is that of the mortgagee (if any in existence).
- Sections 3, 332, 333, 336, 338, Schedule 6
A party to a sublease may generally ask the government to refer a dispute about the terms of the sublease to mediation (in the event that the sublease does not include a dispute resolution process).
- Sections 3, 339A, 339B, Schedule 6
A lease or sublease may be mortgaged by registering a mortgage. Note: If the mortgagor is a trust, the document creating the trust (usually called a trust deed) must be deposited with the mortgage.
- Sections 340, 341
For dealings under this Act to proceed under a power of attorney, the power of attorney must generally be registered under the Land Title Act 1994.
- Sections 383, 385
A caveat in relation to a lease (or sublease) or licence may be lodged by a person who claims an interest in the lease (sublease)/ licence. Note: A court order is generally deposited when the caveat is lodged.
- Sections 3, 389C, 389D, 389F, Schedule 6
Trespass actions may be commenced in the Magistrates Court by a lessee, licensee (and certain other entities).
- Sections 415, 416, 417, 418
A fee is not payable for the lodgement and registration of a covenant (or release of covenant) where the covenantee is the State.
- Regulation 62
Reason for law
Land to which this Act applies must be managed for the benefit of the people of Queensland. (Section 4)
Chapter 6, Part 4, Division 8B and Regulation 62 contains the phrase ‘profits a prendre’. This phrase is not commonly understood by members of the public.
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