Queensland Numbered Acts Queensland Numbered ActsBefore chapter 3, part 4--
insert--
'A lease may be subdivided only if--
(a) this Act or a condition of the lease does not prohibit its subdivision; and
(b) the lease is not, by a registered covenant or tied condition, tied to another lease or freehold land; and
(c) the chief executive has, on an application made under this division, approved the subdivision; and
(d) the requirements under this division for the subdivision have been complied with.
'(1) A lessee of a lease (the existing lease) may apply for approval to subdivide the lease.
'(2) The application must be accompanied by--
(a) a statement of the applicant's reasons for seeking the proposed subdivision; and
(b) a statement by the relevant local government of its views on the proposed subdivision; and
(c) the written consent of all persons with a registered interest in the lease land.
'(3) However, consent under subsection (2)(c) must not be unreasonably withheld.
'(1) The chief executive must decide whether to approve the proposed subdivision.
'(2) If the chief executive decides to grant the approval, the chief executive must decide an offer (the subdivision offer) of new leases to the applicant for the lease land.
'(3) The subdivision offer must state the term and the imposed conditions of each of the new leases.
'(4) The subdivision offer may be made subject to conditions.
Example--
a condition that a plan of survey for the proposed subdivision, approved by the chief executive and capable of registration, be lodged
'(5) However, if there is a land management agreement for the existing lease, the subdivision offer must be subject to the condition that a land management agreement must be entered into for each new lease the subject of the offer.
'(6) The term of a new lease may be longer than the unexpired term of the existing lease.
'In deciding the matters under section 176A the chief executive must consider--
(a) whether the proposed subdivision--
(i) is appropriate, taking into account State, regional and local planning strategies and the objects of this Act; and
(ii) will require dedication of part of the lease land as a road for access to the subdivided land; and
(b) the matters mentioned in section 159(1) to the extent they are relevant to the proposed subdivision and the term of any new leases to be offered.
'The chief executive may refuse to give the approval if--
(a) the applicant has made an earlier application for approval to subdivide the existing lease; and
(b) the earlier application was refused; and
(c) there is no relevant change in circumstances from the earlier application.
'(1) If the chief executive decides to grant the approval, the applicant must be given a written notice stating the subdivision offer.
'(2) If the chief executive decides to refuse the approval, the applicant must be given a written notice of the decision and the reason for it.
'If--
(a) the chief executive decides to refuse the approval; and
(b) the only reason for the refusal was that the applicant had not complied with the conditions of the existing lease;
the applicant may appeal against the decision.
'The subdivision offer is accepted only if the applicant complies with its conditions.
'(1) On acceptance of the subdivision offer--
(a) any plan of subdivision required under a condition of the offer to be lodged must be registered; and
(b) the designated person may issue the new leases in accordance with the terms of the accepted offer.
Note--
See also section 153 (Lease must state its purpose).
'(2) The new leases are issued subject to all relevant registered interests to which the existing lease was subject with the same priorities.
'(3) On registration of the new leases, the existing lease is taken to have been wholly surrendered.
'(4) The surrender must be registered.
'It is a mandatory condition of each of the new leases that they can not be transferred for 5 years from when their terms start, unless the Minister is satisfied that special circumstances exist.
'If the application was made at the chief executive's request and the subdivision offer is made, the chief executive may waive all or part of any charge or fee for the application, the registration of any relevant plan of subdivision or the issue of the new leases.
'(1) Two or more leases may be amalgamated only if--
(a) the lease land is not a reserve or State forest; and
(b) this Act or a condition of the lease does not prohibit the amalgamation; and
(c) there is no registered mortgage over only part of the lease land; and
(d) the chief executive has, on an application made under this division, approved the amalgamation; and
(e) the requirements under this division for the amalgamation have been complied with.
'(2) In this section--
lease land means the lease land for all of the leases.
'(1) The lessee of 2 or more leases (the existing leases) may apply for approval to amalgamate them only if--
(a) the lessee is the lessee of all of them; and
(b) they are of the same tenure type; and
(c) the lease land for the existing leases is contiguous.
'(2) If the lessee comprises 2 or more persons, each person must be a party to the application.
'(3) The application must be accompanied by--
(a) a statement of the applicant's reasons for seeking the proposed amalgamation; and
(b) a statement by the relevant local government of its views on the proposed amalgamation; and
(c) the written consent of all persons with a registered interest in the lease land for the existing leases.
'(4) However, consent under subsection (3)(c) must not be unreasonably withheld.
'(1) The chief executive must decide whether to approve the proposed amalgamation.
'(2) If the chief executive decides to grant the approval, the chief executive must decide an offer (the amalgamation offer) of an amalgamated lease to the applicant for the lease land of the existing leases.
'(3) The amalgamation offer must state the term and the imposed conditions of the amalgamated lease.
'(4) The amalgamation offer may be made subject to conditions.
Example--
a condition that a plan of survey for the proposed amalgamation, approved by the chief executive and capable of registration, be lodged
'(5) However, if there is a land management agreement for any of the existing leases, the amalgamation offer must be subject to a condition that a land management agreement must be entered into for the amalgamated lease.
'(6) The term of the amalgamated lease may be longer than the unexpired term of all or any of the existing leases.
'In deciding the matters under section 176L the chief executive must consider--
(a) whether the proposed amalgamation is appropriate, taking into account State, regional and local planning strategies and the objects of this Act; and
(b) the matters mentioned in section 159(1) to the extent they are relevant to the proposed amalgamation and the term of any amalgamated lease to be offered.
'(1) This section applies if there is a road within the external boundaries of the lease land of any of the existing leases.
'(2) The chief executive must consider--
(a) whether the road is still needed for public use; and
(b) if the road were to be closed--whether it should be included within the external boundaries of the lease land of the proposed amalgamated lease.
'(3) If the applicant or the chief executive proposes to close the road and include its area in the lease land of any amalgamated lease, the chief executive must--
(a) seek the opinion of the relevant local government on the proposal; and
(b) comply with chapter 4, part 1, division 2.
'The chief executive may refuse to give the approval if--
(a) the applicant has made an earlier application for approval to amalgamate the existing leases; and
(b) the earlier application was refused; and
(c) there is no relevant change in circumstances from the earlier application.
'(1) If the chief executive decides to grant the approval the applicant must be given a written notice stating the amalgamation offer.
'(2) If the chief executive decides to refuse the approval the applicant must be given a written notice of the decision and the reasons for it.
'If--
(a) the chief executive decides to refuse the approval; and
(b) the only reason for the refusal was that the applicant had not complied with the conditions of 1 or more of the existing leases;
the applicant may appeal against the decision.
'The amalgamation offer is accepted only if the applicant complies with its conditions.
'(1) On acceptance of the amalgamation offer--
(a) any plan of amalgamation required under a condition of the offer to be lodged must be registered; and
(b) the designated person may issue the amalgamated lease in accordance with the terms of the accepted offer.
Note--
See also section 153 (Lease must state its purpose).
'(2) The amalgamated lease is issued subject to all relevant registered interests to which the existing leases were subject with the same priorities.
'(3) On registration of the amalgamated lease, the existing leases are taken to have been wholly surrendered.
'(4) The surrenders must be registered.
'If the application was made at the chief executive's request and the amalgamation offer is made, the chief executive may waive all or part of any charge or fee for the application, the registration of any relevant plan of amalgamation or the issue of the amalgamated lease.
'(1) The Minister may, for the State, make or amend a written agreement with a lessee about the management and use of the lease land.
'(2) However the agreement or amendment has effect only if it is registered.
Note--
For registration of land management agreements, see section 279.
'(3) The agreement and any amendment of the agreement registered from time to time is a land management agreement.
'The purposes of a land management agreement for a lease are to do each of the following to the extent they are relevant to the lease land--
(a) identify and describe the natural and physical attributes of the lease land, including its known indigenous and other cultural heritage and significant natural environmental values;
(b) record the condition of the lease land at a particular point in time;
(c) improve or maintain its condition so that it is, or will be, at least in good condition;
(d) identify any land degradation issues relating to the land;
(e) establish the agreed management outcomes for the identified land degradation issues and the associated management strategies to address them;
(f) identify measures to protect the known indigenous and other cultural heritage and the identified significant natural environmental values;
(g) establish a monitoring and reporting program;
(h) establish a process to verify the performance of the lessee in relation to the outcomes;
(i) establish a dispute resolution process;
(j) establish a review process to maintain the relevance and effectiveness of the agreement.
'(1) A land management agreement for a lease may include--
(a) a commitment mentioned in section 155A(1)(e) or 155B(1)(f); and
(b) any matter the Minister considers appropriate to achieve the purposes of a land management agreement.
'(2) The chief executive may issue guidelines about the content and preparation of land management agreements.
'The Minister must, at least once every 10 years, review each land management agreement for a lease to assess the lessee's performance in relation to the management outcomes under the agreement.
Note--
See also section 211(1) (Reviewing imposed conditions of lease).
'To remove any doubt, it is declared that the following do not limit or otherwise affect a lessee's obligation to pay rent or another amount owing in relation to a lease--
(a) an application under this part about the lease, other than an application under section 154;
(b) the ending, under this part, of the lease.
'If a lease ends under this part, an obligation to pay future rent and other amounts that may become payable in relation to the lease stops on the day before the day on which lease ended.
'(1) This section applies if a lease ends under this part and, because of section 176Z, an amount has been overpaid for rent or another amount relating to the former lease.
'(2) If a new lease is issued under this part in relation to the former lease, the amount must be credited to rent or other amounts payable under the new lease.
'(3) Otherwise, the amount must be refunded to the person who made the payment.
'(4) This section applies despite section 191.'.