Queensland Consolidated Acts

LAND ACT 1994 - SECT 164C

164C Making extension application or giving expiry advice

(1) The Minister must grant an extension of the term of a rolling term lease if the lessee makes an application, in the approved form, to the chief executive to have the lease extended (an
"extension application" ), and making the application is not prevented under section 164D .

(2) The Minister must not grant an extension of the term of a rolling term lease if the lessee advises the chief executive, in writing, that the lessee wishes to allow the lease to expire at the end of its term (an
"expiry advice" ).

(3) Despite subsection (1) , if the rolling term lease is issued under this Act or the repealed Act, but on the authority of another Act, the Minister may grant an extension of the lease only with the agreement of a person whose agreement to the extension is required under the other Act.

(4) An agreement mentioned in subsection (3) may be given subject to a requirement for changing the conditions of the lease, and when the extension of the lease is granted, the conditions of the lease must be changed in the way required.

(5) An extension application may be made once during each term of the lease.

(6) An expiry advice may be given at any time in the last 5 years of the term of the lease.

(7) If the Minister refuses to extend a lease for which an extension application is made, the lessee may appeal against the Minister’s decision.

(8) In this section—

"original term" , of a lease, see section 164E (3) .

"term" , of a rolling term lease, means each of the following—

(a) the original term of the lease;

(b) the term of each extension of the lease under this subdivision.

Note—

Section 164F (1) provides for when an extension of a lease under this subdivision commences and ends.