Queensland Consolidated Acts

LAND ACT 1994 - SECT 159

159 Deciding whether to offer new lease

(1) The chief executive must consider the following before deciding whether or not to offer a new lease to the lessee of a term lease, the conditions of the offer or the imposed conditions of the new lease—

(a) the interest of the lessee;

(b) whether part of the lease land should be set apart and declared as State forest under the Forestry Act 1959 ;

(c) whether the public interest could be adversely affected, other than for an issue mentioned in paragraph (b) , if the lease were renewed;

(d) whether part of the lease land is needed for environmental or nature conservation purposes;

(e) the condition of the lease land;

(f) the extent to which the lease land suffers from, or is at risk of, land degradation;

(g) whether the lessee has complied with, or to what extent the lessee has complied with, the following—

(i) the conditions of the lease;

(ii) any land management agreement for the lease;

(iii) any conservation agreement or conservation covenant applying to all or part of the lease land;

(iv) any approved agreement for an indigenous cultural interest for the lease land;

(h) whether part of the lease land is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like issues make it special;

(i) whether part of the lease land is needed for a public purpose;

(j) whether a new lease is the most appropriate form of tenure for the lease land;

(k) the lessee’s record of compliance with this Act;

(l) the natural environmental values of the lease land.

Notes—

1 For the granting or renewal of a lease over land in a State forest, see also the Forestry Act 1959 , section 35 (5) and (6) .

2 For the granting or renewal of a lease over or in relation to land in a national park, see also the Nature Conservation Act 1992 , part 4 , division 2 , subdivision 3 .

(2) To remove any doubt, it is declared that, to the extent the lease land is in an urban area, the chief executive need not consider any issue that is not relevant to an urban environment.

Example of an issue not relevant to an urban environment—

whether part of the lease land should be set apart and declared as State forest

(3) In considering the natural environmental values of the lease land, the matters to which the chief executive must have regard include any advice about the values the chief executive receives from the NCA department.