Queensland Consolidated Acts

LAND ACT 1994 - SECT 58

58 Other transactions relating to trustee leases

(1) A trustee lessee may transfer, mortgage or sublease a trustee lease if the trustee lessee first obtains the written approval of—

(a) for a sublease of the trustee lease—the Minister; or

(b) otherwise—the chief executive.

(2) However, the Minister’s or chief executive’s approval is not required if—

(a) the trustee has a written authority under section 64 ; or

Note—

Under section 64 , the Minister may give a trustee a standing authority to sublease.

(b) the lease is a trustee lease (State or statutory body).

(3) An approval mentioned in subsection (1) may include conditions.

(4) Despite subsections (1) and (3) —

(a) the State as the lessee of a trustee lease (construction) may, without an approval mentioned in subsection (1) , sublease (a
"construction trustee sublease" ) all or part of the lease land to someone else for the purposes mentioned in section 57 (5) ; and

(b) the sublessee may further sublease the land the subject of the sublease.

(5) A construction trustee sublease may be granted even if its purpose is inconsistent with the purpose for which the trust land was reserved or granted in trust.

(6) If the Minister or chief executive refuses to approve the transfer, mortgage or sublease, notice of the decision and the reasons for the decision must be given to the trustee lessee.

(7) A trustee lessee may appeal against the decision.

(8) All or part of a trustee lease or a sublease of a trustee lease may be surrendered only if each registered mortgagee and registered sublessee of the interest being surrendered has given written agreement to the surrender.

(9) Each transaction must be registered in the appropriate register.

(10) This section does not authorise the construction of works under a construction trustee sublease before the sublease is registered.

(11) Section 342 applies, with necessary changes, to the release of a mortgage of a trustee lease or sublease of a trustee lease.