Exemptions for transfers over state leases

December 5, 2019

The lease transfer process in the Land Act 1994 (the Act) has been amended to introduce an exemption from obtaining written approval for transfers relating to certain leases and lessees.

When transferring a lease, certain lessees will be exempt from needing to seek approval from the chief executive of the Department of Natural Resources, Mines and Energy (DNRME) prior to lodging a Form 1 Transfer with the Titles Registry.

Eligibility

The exemption applies to the majority of residential, commercial and primary production leases. Exempt leases will have an administrative advice noting the exemption recorded on them.

The administrative advice will be recorded on the relevant lease as an EXEMPT CONS. This administrative advice indicates that transfers of the lease are exempt from requiring the usual written approval. The authority for the exemption can be found in section 322AA of the Act. This exemption also applies to transfers of subleases and transfers of sub subleases of exempt leases.

If there is no administrative advice advising of an exemption recorded on the lease, you will need to follow the existing process for obtaining approval for transferring the lease.

Despite the existence of an administrative advice indicating an exemption, a transferring party who is a mortgagee in possession, a mortgagee exercising a power of sale, or an appointed receiver/manager must still obtain approval for a transfer. They need to follow the existing lease transfer process of seeking chief executive approval prior to lodging.

Check eligibility of lease

To determine if a lease is eligible for an exemption, a current state tenure search should be carried out to check for the recording of the administrative advice. Information about searching can be found online at https://www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/searches-copies 

Further information

If you have questions or require further information about these changes go to https://www.qld.gov.au/environment/land/state/leases/transferring or call 13 QGOV (13 74 68) or email stateland@dnrme.qld.gov.au

 

Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.

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