{"id":"qld:sl-2020-0106","name":"Land Regulation 2020","slug":"land-regulation-2020","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"106 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173967,"registerId":"qld-sl-2020-0106-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Land Regulation 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 July 2020.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 9 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Rounding of particular amounts expressed as numbers of fee units","content":"### sec.3A Rounding of particular amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee or other matter expressed in section 33 , 34 or 36 as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards).\nSection 34 (1) of this regulation provides for a minimum rent of 277 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 277 would be $281.155. After rounding, the amount of the minimum rent would be $281.\ns 3A ins 2022 SL No. 47 s 13\n(sec.3A-ssec.1) This section applies for working out the amount of a fee or other matter expressed in section 33 , 34 or 36 as a number of fee units.\n(sec.3A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards). Section 34 (1) of this regulation provides for a minimum rent of 277 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 277 would be $281.155. After rounding, the amount of the minimum rent would be $281.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Reserves and deeds of grant in trust","content":"# Reserves and deeds of grant in trust","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Adoption of model by-laws by trustee","content":"## Adoption of model by-laws by trustee","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Way of adopting model by-law— Act , s 56","content":"### sec.4 Way of adopting model by-law— Act , s 56\n\nFor section 56 (7) of the Act , subsections (2) to (4) prescribe the way for a trustee to adopt a model by-law for trust land.\nThe trustee must decide to adopt the model by-law.\nAs soon as practicable after deciding to adopt the model by-law, the trustee must—\ngive notice of the decision (a public notice ) by publishing the notice in a way the trustee considers is reasonably likely to come to the attention of members of the public who are likely to use the trust land; and\ndisplaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access\npublishing the notice on the trustee’s website\npublishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated\nnotify the chief executive.\nThe public notice must state the following matters—\nthe name of the trustee;\nthe property description of the trust land;\nthe name of the model by-law;\nthe purposes and general effect of the model by-law;\nwhere the model by-law may be inspected;\nthe day the notice is first published under subsection (3) (a) ;\nif the model by-law is to be adopted on a day later than the day mentioned in paragraph (f) —the later day.\nThe adoption of the model by-law has effect on—\nthe day the public notice is first published under subsection (3) (a) ; or\nif the public notice states a later day under subsection (4) (g) —the later day.\nWhile the adoption of the model by-law has effect, the trustee must keep a copy of the public notice available for inspection, free of charge, by members of the public on request.\n(sec.4-ssec.1) For section 56 (7) of the Act , subsections (2) to (4) prescribe the way for a trustee to adopt a model by-law for trust land.\n(sec.4-ssec.2) The trustee must decide to adopt the model by-law.\n(sec.4-ssec.3) As soon as practicable after deciding to adopt the model by-law, the trustee must— give notice of the decision (a public notice ) by publishing the notice in a way the trustee considers is reasonably likely to come to the attention of members of the public who are likely to use the trust land; and displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access publishing the notice on the trustee’s website publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated notify the chief executive.\n(sec.4-ssec.4) The public notice must state the following matters— the name of the trustee; the property description of the trust land; the name of the model by-law; the purposes and general effect of the model by-law; where the model by-law may be inspected; the day the notice is first published under subsection (3) (a) ; if the model by-law is to be adopted on a day later than the day mentioned in paragraph (f) —the later day.\n(sec.4-ssec.5) The adoption of the model by-law has effect on— the day the public notice is first published under subsection (3) (a) ; or if the public notice states a later day under subsection (4) (g) —the later day.\n(sec.4-ssec.6) While the adoption of the model by-law has effect, the trustee must keep a copy of the public notice available for inspection, free of charge, by members of the public on request.\n- (a) give notice of the decision (a public notice ) by publishing the notice in a way the trustee considers is reasonably likely to come to the attention of members of the public who are likely to use the trust land; and Examples of ways a public notice may be given for paragraph (a) — • displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access • publishing the notice on the trustee’s website • publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated\n- • displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access\n- • publishing the notice on the trustee’s website\n- • publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated\n- (b) notify the chief executive.\n- • displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access\n- • publishing the notice on the trustee’s website\n- • publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated\n- (a) the name of the trustee;\n- (b) the property description of the trust land;\n- (c) the name of the model by-law;\n- (d) the purposes and general effect of the model by-law;\n- (e) where the model by-law may be inspected;\n- (f) the day the notice is first published under subsection (3) (a) ;\n- (g) if the model by-law is to be adopted on a day later than the day mentioned in paragraph (f) —the later day.\n- (a) the day the public notice is first published under subsection (3) (a) ; or\n- (b) if the public notice states a later day under subsection (4) (g) —the later day.","sortOrder":7},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Trustee leases and trustee permits","content":"## Trustee leases and trustee permits","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Requirements for trustee permit— Act , s 60","content":"### sec.5 Requirements for trustee permit— Act , s 60\n\nFor section 60 (2) (b) of the Act , this section prescribes the requirements for a trustee permit for the use of the permit land.\nThe trustee permit—\nmust not be issued for a part of the trust land that is subject to a trustee lease; and\nif a management plan for the trust land has been approved under section 48 of the Act —must be consistent with the management plan; and\nmust state the permittee’s permitted use of the permit land; and\nmust not allow the construction of an improvement on the permit land, including the boundary of the land; and\nmust not give a right—\nto renew the permit; or\nto be given a more secure tenure over the permit land; and\nmust not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the permit land; and\nmust state any special conditions to which the permit is subject; and\nmust provide for the trustee or the Minister to give the permittee at least 28 days notice of the trustee’s or Minister’s intention to cancel the permit; and\nmust state a process for resolving disputes under the permit.\nSubsection (2) (d) does not prevent or limit the trustee permit providing for the permittee to—\nconstruct a fence on the boundary of the permit land; or\nuse, maintain or modify an improvement that was on the permit land when the permit was issued.\ns 5 amd 2023 Act No. 2 s 108 sch 1\n(sec.5-ssec.1) For section 60 (2) (b) of the Act , this section prescribes the requirements for a trustee permit for the use of the permit land.\n(sec.5-ssec.2) The trustee permit— must not be issued for a part of the trust land that is subject to a trustee lease; and if a management plan for the trust land has been approved under section 48 of the Act —must be consistent with the management plan; and must state the permittee’s permitted use of the permit land; and must not allow the construction of an improvement on the permit land, including the boundary of the land; and must not give a right— to renew the permit; or to be given a more secure tenure over the permit land; and must not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the permit land; and must state any special conditions to which the permit is subject; and must provide for the trustee or the Minister to give the permittee at least 28 days notice of the trustee’s or Minister’s intention to cancel the permit; and must state a process for resolving disputes under the permit.\n(sec.5-ssec.3) Subsection (2) (d) does not prevent or limit the trustee permit providing for the permittee to— construct a fence on the boundary of the permit land; or use, maintain or modify an improvement that was on the permit land when the permit was issued.\n- (a) must not be issued for a part of the trust land that is subject to a trustee lease; and\n- (b) if a management plan for the trust land has been approved under section 48 of the Act —must be consistent with the management plan; and\n- (c) must state the permittee’s permitted use of the permit land; and\n- (d) must not allow the construction of an improvement on the permit land, including the boundary of the land; and\n- (e) must not give a right— (i) to renew the permit; or (ii) to be given a more secure tenure over the permit land; and\n- (i) to renew the permit; or\n- (ii) to be given a more secure tenure over the permit land; and\n- (f) must not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the permit land; and\n- (g) must state any special conditions to which the permit is subject; and\n- (h) must provide for the trustee or the Minister to give the permittee at least 28 days notice of the trustee’s or Minister’s intention to cancel the permit; and\n- (i) must state a process for resolving disputes under the permit.\n- (i) to renew the permit; or\n- (ii) to be given a more secure tenure over the permit land; and\n- (a) construct a fence on the boundary of the permit land; or\n- (b) use, maintain or modify an improvement that was on the permit land when the permit was issued.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Statutory body to which rent expenditure limitation does not apply— Act , s 63","content":"### sec.6 Statutory body to which rent expenditure limitation does not apply— Act , s 63\n\nFor section 63 (4) (b) of the Act , a port authority is prescribed.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Requirements for relevant lease— Act , s 64","content":"### sec.7 Requirements for relevant lease— Act , s 64\n\nFor section 64 (2) (b) of the Act , this section prescribes the requirements for a relevant lease of trust land issued by a relevant person.\nThe relevant lease must state—\na number identifying the written authority mentioned in section 64 (1) of the Act given to the relevant person; and\nif the relevant person consists of 2 or more persons—\nwhether the persons hold the relevant lease as joint tenants or tenants in common; and\nif the persons hold the relevant lease as tenants in common—the share held by each person; and\nthe name of each party to the relevant lease; and\nthe lot on plan description of the trust land subject to the relevant lease; and\nif the relevant lease relates to only part of the trust land—the location of the land subject to the relevant lease in relation to the rest of the trust land; and\nthe term of the relevant lease; and\nwhen the term of the relevant lease starts; and\nany special conditions to which the relevant lease is subject; and\na process for resolving disputes under the relevant lease.\nIn this section—\nrelevant lease see section 64 (6) of the Act .\nrelevant person see section 64 (6) of the Act .\ns 7 amd 2024 Act No. 12 s 75\n(sec.7-ssec.1) For section 64 (2) (b) of the Act , this section prescribes the requirements for a relevant lease of trust land issued by a relevant person.\n(sec.7-ssec.2) The relevant lease must state— a number identifying the written authority mentioned in section 64 (1) of the Act given to the relevant person; and if the relevant person consists of 2 or more persons— whether the persons hold the relevant lease as joint tenants or tenants in common; and if the persons hold the relevant lease as tenants in common—the share held by each person; and the name of each party to the relevant lease; and the lot on plan description of the trust land subject to the relevant lease; and if the relevant lease relates to only part of the trust land—the location of the land subject to the relevant lease in relation to the rest of the trust land; and the term of the relevant lease; and when the term of the relevant lease starts; and any special conditions to which the relevant lease is subject; and a process for resolving disputes under the relevant lease.\n(sec.7-ssec.3) In this section— relevant lease see section 64 (6) of the Act . relevant person see section 64 (6) of the Act .\n- (a) a number identifying the written authority mentioned in section 64 (1) of the Act given to the relevant person; and\n- (b) if the relevant person consists of 2 or more persons— (i) whether the persons hold the relevant lease as joint tenants or tenants in common; and (ii) if the persons hold the relevant lease as tenants in common—the share held by each person; and\n- (i) whether the persons hold the relevant lease as joint tenants or tenants in common; and\n- (ii) if the persons hold the relevant lease as tenants in common—the share held by each person; and\n- (c) the name of each party to the relevant lease; and\n- (d) the lot on plan description of the trust land subject to the relevant lease; and\n- (e) if the relevant lease relates to only part of the trust land—the location of the land subject to the relevant lease in relation to the rest of the trust land; and\n- (f) the term of the relevant lease; and\n- (g) when the term of the relevant lease starts; and\n- (h) any special conditions to which the relevant lease is subject; and\n- (i) a process for resolving disputes under the relevant lease.\n- (i) whether the persons hold the relevant lease as joint tenants or tenants in common; and\n- (ii) if the persons hold the relevant lease as tenants in common—the share held by each person; and","sortOrder":11},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Minimum amount of yearly income for trustee’s accounting functions— Act , s 47","content":"### sec.8 Minimum amount of yearly income for trustee’s accounting functions— Act , s 47\n\nFor section 47 (3) of the Act , the amount prescribed is $5,000.","sortOrder":13},{"sectionNumber":"pt.3","sectionType":"part","heading":"Matters affecting land holdings","content":"# Matters affecting land holdings","sortOrder":14},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Purchase price and valuations for particular purposes","content":"## Purchase price and valuations for particular purposes","sortOrder":15},{"sectionNumber":"sec.9","sectionType":"section","heading":"Deciding purchase price for particular purposes— Act , ss 109C , 122 , 123A and 170","content":"### sec.9 Deciding purchase price for particular purposes— Act , ss 109C , 122 , 123A and 170\n\nThis section prescribes—\nfor section 109C (4) of the Act , the way the Minister must decide the purchase price for a closed road for amalgamation with adjoining land; and\nfor section 122 (3) of the Act , the way the Minister must decide the purchase price for granting unallocated State land under section 122 (2) (b) of the Act ; and\nFor the purchase price for granting unallocated State land under section 122 (1) or (2) (a) of the Act , see section 18 .\nfor section 123A (3) (b) of the Act , the way the Minister must decide the purchase price for land granted under section 123A (2) of the Act ; and\nfor section 170 (1) of the Act , the way the chief executive must, for converting a lease, decide the purchase price for land granted or leased in relation to a conversion offer.\nThe purchase price for the land is an amount equal to the total of—\nthe value of the land under subsection (3) ; and\nfor a forest entitlement area on which there is commercial timber being bought by the lessee or registered owner—the value of the commercial timber worked out under section 14 ; and\nfor land, other than land mentioned in paragraph (b) , on which there is commercial timber—the value of the commercial timber worked out under section 15 ; and\nfor land to be amalgamated, under section 109 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 ; and\nfor land to be amalgamated, by way of a deed of grant under section 122 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 .\nFor subsection (2) (a) , the value of the land is—\nfor land that is lease land subject to a category 11.1 or 11.2 lease—the net present value of the land worked out under section 10 ; or\nfor other land—the unimproved value of the land, as if it were fee simple, worked out under section 13 .\ns 9 amd 2023 Act No. 2 s 41 ; 2024 Act No. 12 s 76\n(sec.9-ssec.1) This section prescribes— for section 109C (4) of the Act , the way the Minister must decide the purchase price for a closed road for amalgamation with adjoining land; and for section 122 (3) of the Act , the way the Minister must decide the purchase price for granting unallocated State land under section 122 (2) (b) of the Act ; and For the purchase price for granting unallocated State land under section 122 (1) or (2) (a) of the Act , see section 18 . for section 123A (3) (b) of the Act , the way the Minister must decide the purchase price for land granted under section 123A (2) of the Act ; and for section 170 (1) of the Act , the way the chief executive must, for converting a lease, decide the purchase price for land granted or leased in relation to a conversion offer.\n(sec.9-ssec.2) The purchase price for the land is an amount equal to the total of— the value of the land under subsection (3) ; and for a forest entitlement area on which there is commercial timber being bought by the lessee or registered owner—the value of the commercial timber worked out under section 14 ; and for land, other than land mentioned in paragraph (b) , on which there is commercial timber—the value of the commercial timber worked out under section 15 ; and for land to be amalgamated, under section 109 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 ; and for land to be amalgamated, by way of a deed of grant under section 122 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 .\n(sec.9-ssec.3) For subsection (2) (a) , the value of the land is— for land that is lease land subject to a category 11.1 or 11.2 lease—the net present value of the land worked out under section 10 ; or for other land—the unimproved value of the land, as if it were fee simple, worked out under section 13 .\n- (a) for section 109C (4) of the Act , the way the Minister must decide the purchase price for a closed road for amalgamation with adjoining land; and\n- (b) for section 122 (3) of the Act , the way the Minister must decide the purchase price for granting unallocated State land under section 122 (2) (b) of the Act ; and Note— For the purchase price for granting unallocated State land under section 122 (1) or (2) (a) of the Act , see section 18 .\n- (c) for section 123A (3) (b) of the Act , the way the Minister must decide the purchase price for land granted under section 123A (2) of the Act ; and\n- (d) for section 170 (1) of the Act , the way the chief executive must, for converting a lease, decide the purchase price for land granted or leased in relation to a conversion offer.\n- (a) the value of the land under subsection (3) ; and\n- (b) for a forest entitlement area on which there is commercial timber being bought by the lessee or registered owner—the value of the commercial timber worked out under section 14 ; and\n- (c) for land, other than land mentioned in paragraph (b) , on which there is commercial timber—the value of the commercial timber worked out under section 15 ; and\n- (d) for land to be amalgamated, under section 109 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 ; and\n- (e) for land to be amalgamated, by way of a deed of grant under section 122 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 .\n- (a) for land that is lease land subject to a category 11.1 or 11.2 lease—the net present value of the land worked out under section 10 ; or\n- (b) for other land—the unimproved value of the land, as if it were fee simple, worked out under section 13 .","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Net present value","content":"### sec.10 Net present value\n\nFor section 9 (3) (a) , the net present value of land is the amount worked out using the following formula—\nwhere—\nA is the annual rent for the lease of the land worked out by multiplying the unimproved value of the lease land by the percentage rate for the lease as stated in section 35 .\ni is .0975.\ng is .025.\nFor land the subject of a conversion offer, the net present value must be worked out as at—\nif the offer is made under section 165B of the Act —the day stated in the offer; or\nif the offer is made in relation to a conversion application—the day the chief executive received the application.\nFor subsection (2) (a) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer.\ns 10 amd 2021 SL No. 48 s 16 ; 2022 SL No. 84 s 4 ; 2023 Act No. 2 s 42 ; 2025 SL No. 58 s 4\n(sec.10-ssec.1) For section 9 (3) (a) , the net present value of land is the amount worked out using the following formula— where— A is the annual rent for the lease of the land worked out by multiplying the unimproved value of the lease land by the percentage rate for the lease as stated in section 35 . i is .0975. g is .025.\n(sec.10-ssec.2) For land the subject of a conversion offer, the net present value must be worked out as at— if the offer is made under section 165B of the Act —the day stated in the offer; or if the offer is made in relation to a conversion application—the day the chief executive received the application.\n(sec.10-ssec.3) For subsection (2) (a) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer.\n- (a) if the offer is made under section 165B of the Act —the day stated in the offer; or\n- (b) if the offer is made in relation to a conversion application—the day the chief executive received the application.","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Deciding purchase price for land in operational reserve or operational deed of grant in trust— Act , ss 34L and 43D","content":"### sec.11 Deciding purchase price for land in operational reserve or operational deed of grant in trust— Act , ss 34L and 43D\n\nFor sections 34L (4) and 43D (4) of the Act , this section prescribes the way the Minister must decide the purchase price for land in an operational reserve or operational deed of grant in trust.\nThe purchase price of the land is—\nthe unimproved value of the land, as if it were fee simple, worked out under section 13 ; or\nif the trustee of the land is a constructing authority and the Minister considers it appropriate, having regard to the object of the Act , to decide the purchase price of the land other than under paragraph (a) —another amount the Minister considers is appropriate.\ns 11 amd 2024 Act No. 12 s 77\n(sec.11-ssec.1) For sections 34L (4) and 43D (4) of the Act , this section prescribes the way the Minister must decide the purchase price for land in an operational reserve or operational deed of grant in trust.\n(sec.11-ssec.2) The purchase price of the land is— the unimproved value of the land, as if it were fee simple, worked out under section 13 ; or if the trustee of the land is a constructing authority and the Minister considers it appropriate, having regard to the object of the Act , to decide the purchase price of the land other than under paragraph (a) —another amount the Minister considers is appropriate.\n- (a) the unimproved value of the land, as if it were fee simple, worked out under section 13 ; or\n- (b) if the trustee of the land is a constructing authority and the Minister considers it appropriate, having regard to the object of the Act , to decide the purchase price of the land other than under paragraph (a) —another amount the Minister considers is appropriate.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Deciding unimproved value of particular land— Act , ss 25 , 69 and 127","content":"### sec.12 Deciding unimproved value of particular land— Act , ss 25 , 69 and 127\n\nFor sections 25 (1) , 69 (1) and 127 (6) (b) of the Act , the Minister must decide the unimproved value of land in the way provided for under section 13 .\ns 12 amd 2023 Act No. 2 s 108 sch 1 ; 2024 Act No. 12 s 78","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Working out unimproved value of land","content":"### sec.13 Working out unimproved value of land\n\nThe unimproved value of land is—\nfor land subject to a category 11.1 or 11.2 lease—the rental valuation of the land; or\nfor other land—the amount that an estate in fee simple in the land in an unimproved state would be worth if—\nafter proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and\nthe buyer and seller had acted knowledgeably, prudently and without compulsion.\nAlso, the unimproved value of land includes the value of any improvements and development work made by the State to the land, and for which the State has not been paid, before the tenure started or the deed of grant for the land was issued.\nHowever, the unimproved value of land does not include the value of any commercial timber on the land.\nFor deciding the purchase price for land granted or leased in relation to a conversion offer, the unimproved value of the land is the unimproved value as at—\nif the offer is made under section 165B of the Act —the day stated in the offer; or\nif the offer is made in relation to a conversion application—the day the chief executive received the application.\nFor deciding the purchase of price of land in an operational reserve or an operational deed of grant in trust, the unimproved value of the land is—\nin relation to a request made under section 34J (1) or 43B (1) of the Act —the unimproved value as at the day the chief executive receives the request; or\nin relation to an offer made under section 34K (1) or 43C (1) of the Act —the unimproved value as at the day stated in the offer.\nFor subsections (4) (a) and (5) (b) , the day stated in the offer—\nmay be earlier than the day the offer is made; but\nmay not be earlier than 4 months before the day the offer is made.\nTo remove any doubt, it is declared that the Land Valuation Act 2010 does not apply for deciding the unimproved value of land under this section.\ns 13 amd 2023 Act No. 2 s 43 ; 2024 Act No. 12 s 79\n(sec.13-ssec.1) The unimproved value of land is— for land subject to a category 11.1 or 11.2 lease—the rental valuation of the land; or for other land—the amount that an estate in fee simple in the land in an unimproved state would be worth if— after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and the buyer and seller had acted knowledgeably, prudently and without compulsion.\n(sec.13-ssec.2) Also, the unimproved value of land includes the value of any improvements and development work made by the State to the land, and for which the State has not been paid, before the tenure started or the deed of grant for the land was issued.\n(sec.13-ssec.3) However, the unimproved value of land does not include the value of any commercial timber on the land.\n(sec.13-ssec.4) For deciding the purchase price for land granted or leased in relation to a conversion offer, the unimproved value of the land is the unimproved value as at— if the offer is made under section 165B of the Act —the day stated in the offer; or if the offer is made in relation to a conversion application—the day the chief executive received the application.\n(sec.13-ssec.5) For deciding the purchase of price of land in an operational reserve or an operational deed of grant in trust, the unimproved value of the land is— in relation to a request made under section 34J (1) or 43B (1) of the Act —the unimproved value as at the day the chief executive receives the request; or in relation to an offer made under section 34K (1) or 43C (1) of the Act —the unimproved value as at the day stated in the offer.\n(sec.13-ssec.6) For subsections (4) (a) and (5) (b) , the day stated in the offer— may be earlier than the day the offer is made; but may not be earlier than 4 months before the day the offer is made.\n(sec.13-ssec.7) To remove any doubt, it is declared that the Land Valuation Act 2010 does not apply for deciding the unimproved value of land under this section.\n- (a) for land subject to a category 11.1 or 11.2 lease—the rental valuation of the land; or\n- (b) for other land—the amount that an estate in fee simple in the land in an unimproved state would be worth if— (i) after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and (ii) the buyer and seller had acted knowledgeably, prudently and without compulsion.\n- (i) after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and\n- (ii) the buyer and seller had acted knowledgeably, prudently and without compulsion.\n- (i) after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and\n- (ii) the buyer and seller had acted knowledgeably, prudently and without compulsion.\n- (a) if the offer is made under section 165B of the Act —the day stated in the offer; or\n- (b) if the offer is made in relation to a conversion application—the day the chief executive received the application.\n- (a) in relation to a request made under section 34J (1) or 43B (1) of the Act —the unimproved value as at the day the chief executive receives the request; or\n- (b) in relation to an offer made under section 34K (1) or 43C (1) of the Act —the unimproved value as at the day stated in the offer.\n- (a) may be earlier than the day the offer is made; but\n- (b) may not be earlier than 4 months before the day the offer is made.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Value of commercial timber on particular forest entitlement area— Act , s 26B","content":"### sec.14 Value of commercial timber on particular forest entitlement area— Act , s 26B\n\nFor section 26B (6) of the Act , this section prescribes the way the value of the commercial timber on a forest entitlement area must be decided by the Minister.\nThe value of the commercial timber is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates.\n(sec.14-ssec.1) For section 26B (6) of the Act , this section prescribes the way the value of the commercial timber on a forest entitlement area must be decided by the Minister.\n(sec.14-ssec.2) The value of the commercial timber is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Value of commercial timber—other land","content":"### sec.15 Value of commercial timber—other land\n\nThis section does not apply in relation to the lessee or registered owner of land buying a forest entitlement area in the land under section 24 of the Act .\nThe value of commercial timber on land is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates, worked out as at the day provided for under subsection (3) .\nThe market value of the commercial timber must be worked out—\nif an appeal about the value of the timber has not been made—as at—\nif a conversion offer is made under section 165B of the Act —the day stated in the offer; or\nif a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or\nif an appeal about the value of the timber has been made—as at the day the appeal is decided; or\nif a person has applied to buy the timber—as at the day the person applied; or\nif the Minister made an offer to sell the timber before the day mentioned in paragraph (c) —as at the day the offer was made.\nFor subsection (3) (a) (i) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer.\ns 15 amd 2023 Act No. 2 s 44\n(sec.15-ssec.1) This section does not apply in relation to the lessee or registered owner of land buying a forest entitlement area in the land under section 24 of the Act .\n(sec.15-ssec.2) The value of commercial timber on land is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates, worked out as at the day provided for under subsection (3) .\n(sec.15-ssec.3) The market value of the commercial timber must be worked out— if an appeal about the value of the timber has not been made—as at— if a conversion offer is made under section 165B of the Act —the day stated in the offer; or if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or if an appeal about the value of the timber has been made—as at the day the appeal is decided; or if a person has applied to buy the timber—as at the day the person applied; or if the Minister made an offer to sell the timber before the day mentioned in paragraph (c) —as at the day the offer was made.\n(sec.15-ssec.4) For subsection (3) (a) (i) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer.\n- (a) if an appeal about the value of the timber has not been made—as at— (i) if a conversion offer is made under section 165B of the Act —the day stated in the offer; or (ii) if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or\n- (i) if a conversion offer is made under section 165B of the Act —the day stated in the offer; or\n- (ii) if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or\n- (b) if an appeal about the value of the timber has been made—as at the day the appeal is decided; or\n- (c) if a person has applied to buy the timber—as at the day the person applied; or\n- (d) if the Minister made an offer to sell the timber before the day mentioned in paragraph (c) —as at the day the offer was made.\n- (i) if a conversion offer is made under section 165B of the Act —the day stated in the offer; or\n- (ii) if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Value of quarry material","content":"### sec.16 Value of quarry material\n\nThe value of quarry material in land is the market value of any of the quarry material that is the property of the State and could be taken for commercial gain, worked out as at the day provided for under subsection (2) .\nThe market value of the quarry material must be worked out—\nif the quarry material is in a road to be amalgamated under section 109 (2) (b) of the Act —as at the day the Minister makes the decision about the road under section 109 (1) of the Act ; or\nif the quarry material is in land to be amalgamated by way of a deed of grant under section 122 (2) (b) of the Act —as at the day the Minister makes the decision about the land mentioned in that section.\ns 16 amd 2024 Act No. 12 s 80\n(sec.16-ssec.1) The value of quarry material in land is the market value of any of the quarry material that is the property of the State and could be taken for commercial gain, worked out as at the day provided for under subsection (2) .\n(sec.16-ssec.2) The market value of the quarry material must be worked out— if the quarry material is in a road to be amalgamated under section 109 (2) (b) of the Act —as at the day the Minister makes the decision about the road under section 109 (1) of the Act ; or if the quarry material is in land to be amalgamated by way of a deed of grant under section 122 (2) (b) of the Act —as at the day the Minister makes the decision about the land mentioned in that section.\n- (a) if the quarry material is in a road to be amalgamated under section 109 (2) (b) of the Act —as at the day the Minister makes the decision about the road under section 109 (1) of the Act ; or\n- (b) if the quarry material is in land to be amalgamated by way of a deed of grant under section 122 (2) (b) of the Act —as at the day the Minister makes the decision about the land mentioned in that section.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Deciding cash premium for amalgamating closed road with particular lease land— Act , s 109C","content":"### sec.17 Deciding cash premium for amalgamating closed road with particular lease land— Act , s 109C\n\nFor section 109C (4) of the Act , this section prescribes the way the Minister must decide the cash premium for leasing a closed road for amalgamation with adjoining land subject to a category 11.1, 11.2, 12.1, 12.2, 13, 14.2 or 16 lease.\nThe amount of the cash premium is the amount equal to the minimum rent for the category of the lease for the adjoining lease land.\n(sec.17-ssec.1) For section 109C (4) of the Act , this section prescribes the way the Minister must decide the cash premium for leasing a closed road for amalgamation with adjoining land subject to a category 11.1, 11.2, 12.1, 12.2, 13, 14.2 or 16 lease.\n(sec.17-ssec.2) The amount of the cash premium is the amount equal to the minimum rent for the category of the lease for the adjoining lease land.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Deciding purchase price for particular grants of unallocated State land— Act , s 122","content":"### sec.18 Deciding purchase price for particular grants of unallocated State land— Act , s 122\n\nFor section 122 (3) of the Act , this section prescribes the way the Minister must decide the purchase price for granting unallocated State land to—\nthe State or MEDQ under section 122 (1) of the Act ; or\na constructing authority under section 122 (2) (a) of the Act .\nThe Minister must decide the purchase price for the land in the way the Minister considers appropriate.\ns 18 amd 2024 Act No. 12 s 81\n(sec.18-ssec.1) For section 122 (3) of the Act , this section prescribes the way the Minister must decide the purchase price for granting unallocated State land to— the State or MEDQ under section 122 (1) of the Act ; or a constructing authority under section 122 (2) (a) of the Act .\n(sec.18-ssec.2) The Minister must decide the purchase price for the land in the way the Minister considers appropriate.\n- (a) the State or MEDQ under section 122 (1) of the Act ; or\n- (b) a constructing authority under section 122 (2) (a) of the Act .","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Appeal against decision on purchase price for conversion","content":"### sec.19 Appeal against decision on purchase price for conversion\n\nThis section applies if the chief executive—\nmakes a conversion offer; and\ndecides the purchase price for the conversion of the lease under section 170 (1) of the Act (the purchase price decision ).\nThe lessee may appeal against the purchase price decision.\nFor appealing against a decision, see chapter 7 , part 3 of the Act .\nHowever, if the purchase price decision relates to an offer of a deed of grant for land that is subject to a category 11.1 or 11.2 lease, the appeal must not relate to the rental valuation of the land subject to the lease.\nA rental valuation is decided by the valuer-general under the Land Valuation Act 2010 and is used to calculate the unimproved value of lease land for a purchase price under sections 10 (1) and 13 (1) (a) .\nThe chief executive must ensure the notice of conditions of the offer given under section 168 (1) of the Act is accompanied by or includes an information notice about the purchase price decision.\ns 19 amd 2023 Act No. 2 s 45\n(sec.19-ssec.1) This section applies if the chief executive— makes a conversion offer; and decides the purchase price for the conversion of the lease under section 170 (1) of the Act (the purchase price decision ).\n(sec.19-ssec.2) The lessee may appeal against the purchase price decision. For appealing against a decision, see chapter 7 , part 3 of the Act .\n(sec.19-ssec.3) However, if the purchase price decision relates to an offer of a deed of grant for land that is subject to a category 11.1 or 11.2 lease, the appeal must not relate to the rental valuation of the land subject to the lease. A rental valuation is decided by the valuer-general under the Land Valuation Act 2010 and is used to calculate the unimproved value of lease land for a purchase price under sections 10 (1) and 13 (1) (a) .\n(sec.19-ssec.4) The chief executive must ensure the notice of conditions of the offer given under section 168 (1) of the Act is accompanied by or includes an information notice about the purchase price decision.\n- (a) makes a conversion offer; and\n- (b) decides the purchase price for the conversion of the lease under section 170 (1) of the Act (the purchase price decision ).","sortOrder":26},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Regulated conditions of tenures","content":"## Regulated conditions of tenures","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Regulated conditions of particular tenures— Act , s 212B","content":"### sec.20 Regulated conditions of particular tenures— Act , s 212B\n\nFor section 212B (1) of the Act , each condition stated in schedule 1 is a condition of the following tenures—\na lease, other than a trustee lease;\na licence;\na permit to occupy.\n- (a) a lease, other than a trustee lease;\n- (b) a licence;\n- (c) a permit to occupy.","sortOrder":28},{"sectionNumber":"pt.4","sectionType":"part","heading":"Rents and instalments","content":"# Rents and instalments","sortOrder":29},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Periods for which rents are payable","content":"## Periods for which rents are payable","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Rental period— Act , sch 6 , definition rental period","content":"### sec.21 Rental period— Act , sch 6 , definition rental period\n\nFor schedule 6 of the Act , definition rental period , this section prescribes the rental period for a tenure.\nSubject to subsections (3) to (5) , the rental period for a tenure is 1 year starting on 1 July.\nIf a tenure starts on a day other than 1 July, the first rental period for the tenure is the period starting on the day the tenure starts and ending on the next 30 June.\nIf a tenure ends on a day other than 30 June, the last rental period for the tenure is the period starting on the last 1 July before the tenure ends and ending on the day the tenure ends.\nSubsections (2) to (4) do not prevent the rental period for a tenure, for which the annual rent is more than $2,000, from being divided into quarterly sub-periods starting on 1 July.\n(sec.21-ssec.1) For schedule 6 of the Act , definition rental period , this section prescribes the rental period for a tenure.\n(sec.21-ssec.2) Subject to subsections (3) to (5) , the rental period for a tenure is 1 year starting on 1 July.\n(sec.21-ssec.3) If a tenure starts on a day other than 1 July, the first rental period for the tenure is the period starting on the day the tenure starts and ending on the next 30 June.\n(sec.21-ssec.4) If a tenure ends on a day other than 30 June, the last rental period for the tenure is the period starting on the last 1 July before the tenure ends and ending on the day the tenure ends.\n(sec.21-ssec.5) Subsections (2) to (4) do not prevent the rental period for a tenure, for which the annual rent is more than $2,000, from being divided into quarterly sub-periods starting on 1 July.","sortOrder":31},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Categorisation of tenures for rental purposes","content":"## Categorisation of tenures for rental purposes","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Rental categories of tenures— Act , sch 6 , definition rental category","content":"### sec.22 Rental categories of tenures— Act , sch 6 , definition rental category\n\nFor schedule 6 of the Act , definition rental category —\nthe rental categories of tenures for rental purposes are the categories mentioned in subsection (2) ; and\na tenure is categorised as a tenure of a category mentioned in subsection (2) if it meets the requirements for the category stated in subdivision 2 .\nThe rental categories of tenures for rental purposes are as follows—\ncategory 11.1—primary production perpetual lease\ncategory 11.2—primary production other tenures\ncategory 12.1—residential tenures\ncategory 12.2—residential (permit to occupy for short term accommodation purpose)\ncategory 13—business and government core business tenures\ncategory 14.1—charities and small sporting or recreational clubs tenures\ncategory 14.2—large sporting or recreational clubs tenures\ncategory 15.1—communication sites (community service activities) tenures\ncategory 15.2—communication sites (limited commercial service activities—rural) tenures\ncategory 15.3—communication sites (limited commercial service activities—urban) tenures\ncategory 15.4—communication sites (non-community service activities—rural) tenures\ncategory 15.5—communication sites (non-community service activities—urban) tenures\ncategory 16—divestment tenures.\n(sec.22-ssec.1) For schedule 6 of the Act , definition rental category — the rental categories of tenures for rental purposes are the categories mentioned in subsection (2) ; and a tenure is categorised as a tenure of a category mentioned in subsection (2) if it meets the requirements for the category stated in subdivision 2 .\n(sec.22-ssec.2) The rental categories of tenures for rental purposes are as follows— category 11.1—primary production perpetual lease category 11.2—primary production other tenures category 12.1—residential tenures category 12.2—residential (permit to occupy for short term accommodation purpose) category 13—business and government core business tenures category 14.1—charities and small sporting or recreational clubs tenures category 14.2—large sporting or recreational clubs tenures category 15.1—communication sites (community service activities) tenures category 15.2—communication sites (limited commercial service activities—rural) tenures category 15.3—communication sites (limited commercial service activities—urban) tenures category 15.4—communication sites (non-community service activities—rural) tenures category 15.5—communication sites (non-community service activities—urban) tenures category 16—divestment tenures.\n- (a) the rental categories of tenures for rental purposes are the categories mentioned in subsection (2) ; and\n- (b) a tenure is categorised as a tenure of a category mentioned in subsection (2) if it meets the requirements for the category stated in subdivision 2 .\n- • category 11.1—primary production perpetual lease\n- • category 11.2—primary production other tenures\n- • category 12.1—residential tenures\n- • category 12.2—residential (permit to occupy for short term accommodation purpose)\n- • category 13—business and government core business tenures\n- • category 14.1—charities and small sporting or recreational clubs tenures\n- • category 14.2—large sporting or recreational clubs tenures\n- • category 15.1—communication sites (community service activities) tenures\n- • category 15.2—communication sites (limited commercial service activities—rural) tenures\n- • category 15.3—communication sites (limited commercial service activities—urban) tenures\n- • category 15.4—communication sites (non-community service activities—rural) tenures\n- • category 15.5—communication sites (non-community service activities—urban) tenures\n- • category 16—divestment tenures.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"References to category of tenure","content":"### sec.23 References to category of tenure\n\nA reference to a particular category of tenure by description is a reference to a tenure of the rental category with that description.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Category 11.1 and 11.2 tenures","content":"### sec.24 Category 11.1 and 11.2 tenures\n\nA lease is a category 11.1 tenure if it is a perpetual lease that is, or may be, used primarily for grazing or primary production.\nA tenure is a category 11.2 tenure if it is a term lease, licence or permit to occupy that is, or may be, used primarily for grazing or primary production.\nIn this section—\nprimary production includes—\nagriculture; and\ngrowing of coffee, sugarcane, tea, tobacco\ngrowing of flowers, fruit, vegetables and other horticultural products\nviticulture\naquaculture, including oyster farming; and\nfarming of cattle in feedlots; and\nfarming of pigs and poultry.\n(sec.24-ssec.1) A lease is a category 11.1 tenure if it is a perpetual lease that is, or may be, used primarily for grazing or primary production.\n(sec.24-ssec.2) A tenure is a category 11.2 tenure if it is a term lease, licence or permit to occupy that is, or may be, used primarily for grazing or primary production.\n(sec.24-ssec.3) In this section— primary production includes— agriculture; and growing of coffee, sugarcane, tea, tobacco growing of flowers, fruit, vegetables and other horticultural products viticulture aquaculture, including oyster farming; and farming of cattle in feedlots; and farming of pigs and poultry.\n- (a) agriculture; and Examples— • growing of coffee, sugarcane, tea, tobacco • growing of flowers, fruit, vegetables and other horticultural products • viticulture\n- • growing of coffee, sugarcane, tea, tobacco\n- • growing of flowers, fruit, vegetables and other horticultural products\n- • viticulture\n- (b) aquaculture, including oyster farming; and\n- (c) farming of cattle in feedlots; and\n- (d) farming of pigs and poultry.\n- • growing of coffee, sugarcane, tea, tobacco\n- • growing of flowers, fruit, vegetables and other horticultural products\n- • viticulture","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Category 12.1 and 12.2 tenures","content":"### sec.25 Category 12.1 and 12.2 tenures\n\nA tenure is a category 12.1 tenure if—\nunder its conditions—\nthe tenure is, or may be, used primarily for a single dwelling house; or\nthe tenure is, or may be, used solely for a private purpose; and\nstoring a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use\ncultivating a garden or lawn for the tenure holder’s private use\nthe tenure does not meet the requirements for another rental category.\nA permit is a category 12.2 tenure if—\nit is a permit to occupy only; and\nunder its conditions the permit is, or may be, used solely for a short-term accommodation purpose.\nstaying at a fishing hut for a weekend or holiday period\n(sec.25-ssec.1) A tenure is a category 12.1 tenure if— under its conditions— the tenure is, or may be, used primarily for a single dwelling house; or the tenure is, or may be, used solely for a private purpose; and storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use cultivating a garden or lawn for the tenure holder’s private use the tenure does not meet the requirements for another rental category.\n(sec.25-ssec.2) A permit is a category 12.2 tenure if— it is a permit to occupy only; and under its conditions the permit is, or may be, used solely for a short-term accommodation purpose. staying at a fishing hut for a weekend or holiday period\n- (a) under its conditions— (i) the tenure is, or may be, used primarily for a single dwelling house; or (ii) the tenure is, or may be, used solely for a private purpose; and Examples of a private purpose— • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use • cultivating a garden or lawn for the tenure holder’s private use\n- (i) the tenure is, or may be, used primarily for a single dwelling house; or\n- (ii) the tenure is, or may be, used solely for a private purpose; and Examples of a private purpose— • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use • cultivating a garden or lawn for the tenure holder’s private use\n- • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use\n- • cultivating a garden or lawn for the tenure holder’s private use\n- (b) the tenure does not meet the requirements for another rental category.\n- (i) the tenure is, or may be, used primarily for a single dwelling house; or\n- (ii) the tenure is, or may be, used solely for a private purpose; and Examples of a private purpose— • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use • cultivating a garden or lawn for the tenure holder’s private use\n- • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use\n- • cultivating a garden or lawn for the tenure holder’s private use\n- • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use\n- • cultivating a garden or lawn for the tenure holder’s private use\n- (a) it is a permit to occupy only; and\n- (b) under its conditions the permit is, or may be, used solely for a short-term accommodation purpose. Example of a short-term accommodation purpose— staying at a fishing hut for a weekend or holiday period","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Category 13 tenure","content":"### sec.26 Category 13 tenure\n\nA tenure is a category 13 tenure if—\nunder its conditions the tenure is, or may be, used for a business, commercial or industrial purpose; and\nthe tenure does not meet the requirements for another rental category.\nAlso, a tenure is a category 13 tenure if—\nthe tenure holder is a government leasing entity; and\nthe use of the tenure is essential for carrying on the holder’s core business.\noperating hospitals, police stations, schools, offices and depots\nIn this section—\ngovernment company means a corporation, incorporated under the Corporations Law, for which all the stock or shares in the corporation’s capital is or are beneficially owned by the State.\ngovernment leasing entity means—\nthe State or the Commonwealth; or\na Commonwealth or State authority, instrumentality or body corporate; or\na government company; or\na GOC; or\na rail government entity; or\na local government.\n(sec.26-ssec.1) A tenure is a category 13 tenure if— under its conditions the tenure is, or may be, used for a business, commercial or industrial purpose; and the tenure does not meet the requirements for another rental category.\n(sec.26-ssec.2) Also, a tenure is a category 13 tenure if— the tenure holder is a government leasing entity; and the use of the tenure is essential for carrying on the holder’s core business. operating hospitals, police stations, schools, offices and depots\n(sec.26-ssec.3) In this section— government company means a corporation, incorporated under the Corporations Law, for which all the stock or shares in the corporation’s capital is or are beneficially owned by the State. government leasing entity means— the State or the Commonwealth; or a Commonwealth or State authority, instrumentality or body corporate; or a government company; or a GOC; or a rail government entity; or a local government.\n- (a) under its conditions the tenure is, or may be, used for a business, commercial or industrial purpose; and\n- (b) the tenure does not meet the requirements for another rental category.\n- (a) the tenure holder is a government leasing entity; and\n- (b) the use of the tenure is essential for carrying on the holder’s core business. Examples of a tenure holder’s core business— operating hospitals, police stations, schools, offices and depots\n- (a) the State or the Commonwealth; or\n- (b) a Commonwealth or State authority, instrumentality or body corporate; or\n- (c) a government company; or\n- (d) a GOC; or\n- (e) a rail government entity; or\n- (f) a local government.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Category 14.1 tenure","content":"### sec.27 Category 14.1 tenure\n\nA tenure is a category 14.1 tenure if—\nthe tenure holder is—\na charitable organisation or non-commercial community service organisation; and\nan organisation whose constitution does not permit its profits to be distributed to its members; and\nunder its conditions the tenure is, or may be, used for providing—\nservices that are charitable in nature; or\nservices aimed at improving community welfare or safety; and\nservices provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations\nthe tenure does not meet the requirements for another rental category.\nAlso, a tenure is a category 14.1 tenure if—\nunder its conditions the tenure is, or may be, used for a sporting or recreational purpose; and\nthe tenure holder is a sporting or recreational organisation—\nwith fewer than 2,000 members; and\nwhose constitution does not permit its profits to be distributed to its members; and\nthe tenure does not meet the requirements for another rental category.\nFurther, a tenure is a category 14.1 tenure if—\nthe tenure is held by the State or a local government for a non-commercial community service organisation; and\nthe tenure is being used by the organisation for providing community services, other than on a commercial basis, aimed at improving community welfare or safety; and\nthe tenure does not meet the requirements for another rental category.\nIn this section—\nnon-commercial community service organisation means an organisation that provides services to the community free of charge.\na rural fire brigade, the SES\n(sec.27-ssec.1) A tenure is a category 14.1 tenure if— the tenure holder is— a charitable organisation or non-commercial community service organisation; and an organisation whose constitution does not permit its profits to be distributed to its members; and under its conditions the tenure is, or may be, used for providing— services that are charitable in nature; or services aimed at improving community welfare or safety; and services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations the tenure does not meet the requirements for another rental category.\n(sec.27-ssec.2) Also, a tenure is a category 14.1 tenure if— under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and the tenure holder is a sporting or recreational organisation— with fewer than 2,000 members; and whose constitution does not permit its profits to be distributed to its members; and the tenure does not meet the requirements for another rental category.\n(sec.27-ssec.3) Further, a tenure is a category 14.1 tenure if— the tenure is held by the State or a local government for a non-commercial community service organisation; and the tenure is being used by the organisation for providing community services, other than on a commercial basis, aimed at improving community welfare or safety; and the tenure does not meet the requirements for another rental category.\n(sec.27-ssec.4) In this section— non-commercial community service organisation means an organisation that provides services to the community free of charge. a rural fire brigade, the SES\n- (a) the tenure holder is— (i) a charitable organisation or non-commercial community service organisation; and (ii) an organisation whose constitution does not permit its profits to be distributed to its members; and\n- (i) a charitable organisation or non-commercial community service organisation; and\n- (ii) an organisation whose constitution does not permit its profits to be distributed to its members; and\n- (b) under its conditions the tenure is, or may be, used for providing— (i) services that are charitable in nature; or (ii) services aimed at improving community welfare or safety; and Examples of services for subparagraph (ii) — services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations\n- (i) services that are charitable in nature; or\n- (ii) services aimed at improving community welfare or safety; and Examples of services for subparagraph (ii) — services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations\n- (c) the tenure does not meet the requirements for another rental category.\n- (i) a charitable organisation or non-commercial community service organisation; and\n- (ii) an organisation whose constitution does not permit its profits to be distributed to its members; and\n- (i) services that are charitable in nature; or\n- (ii) services aimed at improving community welfare or safety; and Examples of services for subparagraph (ii) — services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations\n- (a) under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and\n- (b) the tenure holder is a sporting or recreational organisation— (i) with fewer than 2,000 members; and (ii) whose constitution does not permit its profits to be distributed to its members; and\n- (i) with fewer than 2,000 members; and\n- (ii) whose constitution does not permit its profits to be distributed to its members; and\n- (c) the tenure does not meet the requirements for another rental category.\n- (i) with fewer than 2,000 members; and\n- (ii) whose constitution does not permit its profits to be distributed to its members; and\n- (a) the tenure is held by the State or a local government for a non-commercial community service organisation; and\n- (b) the tenure is being used by the organisation for providing community services, other than on a commercial basis, aimed at improving community welfare or safety; and\n- (c) the tenure does not meet the requirements for another rental category.","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Category 14.2 tenure","content":"### sec.28 Category 14.2 tenure\n\nA tenure is a category 14.2 tenure if—\nunder its conditions the tenure is, or may be, used for a sporting or recreational purpose; and\nthe tenure holder is a sporting or recreational organisation—\nwith at least 2,000 members; and\nwhose constitution does not permit its profits to be distributed to its members.\n- (a) under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and\n- (b) the tenure holder is a sporting or recreational organisation— (i) with at least 2,000 members; and (ii) whose constitution does not permit its profits to be distributed to its members.\n- (i) with at least 2,000 members; and\n- (ii) whose constitution does not permit its profits to be distributed to its members.\n- (i) with at least 2,000 members; and\n- (ii) whose constitution does not permit its profits to be distributed to its members.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Category 15.1, 15.2, 15.3, 15.4 and 15.5 tenures","content":"### sec.29 Category 15.1, 15.2, 15.3, 15.4 and 15.5 tenures\n\nA tenure may not be categorised as a tenure of a category mentioned in any of subsections (2) to (6) if the tenure is held by a carrier under the Telecommunications Act 1997 (Cwlth) for supplying a carriage service under that Act.\nA tenure is a category 15.1 tenure if the tenure is, or may be, used for providing an electronic communication service for carrying out a community service activity.\nA tenure is a category 15.2 tenure if—\nthe tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and\nthe land subject to the tenure is in a rural area.\nA tenure is a category 15.3 tenure if—\nthe tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and\nthe land subject to the tenure is in an urban area.\nA tenure is a category 15.4 tenure if—\nthe tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and\nthe land subject to the tenure is in a rural area.\nA tenure is a category 15.5 tenure if—\nthe tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and\nthe land subject to the tenure is in an urban area.\nIn this section—\ncommercial service means a service relating to communications carried out on a commercial basis.\ncable television service, mobile phone service\ncommunity service activity means an activity relating to the provision of an emergency or essential community service.\nambulance, fire service, police service\ndomestic service means a service relating to communications carried out other than on a commercial basis.\nelectronic communication service includes services for the internet, radio, telephone and television.\nlimited commercial service activity means an activity relating to the provision of a commercial service or domestic service carried out by—\na radio broadcaster owned by the Commonwealth or the State; or\na television broadcaster owned by the Commonwealth or the State; or\na local service provider.\nlocal service provider means an entity employing fewer than 200 employees, that provides a commercial service or domestic service—\nwithin an urban area; or\nonly to a rural area.\nnon-community service activity means an activity relating to the provision of a commercial service or domestic service, other than a limited commercial service activity.\nproviding , an electronic communications service, includes relaying and transmitting the service.\nrural area means a part of the State that is not an urban area.\nurban area means any of the following local government areas—\nBrisbane\nGold Coast\nIpswich\nLogan\nMoreton Bay\nNoosa\nRedland\nSunshine Coast.\n(sec.29-ssec.1) A tenure may not be categorised as a tenure of a category mentioned in any of subsections (2) to (6) if the tenure is held by a carrier under the Telecommunications Act 1997 (Cwlth) for supplying a carriage service under that Act.\n(sec.29-ssec.2) A tenure is a category 15.1 tenure if the tenure is, or may be, used for providing an electronic communication service for carrying out a community service activity.\n(sec.29-ssec.3) A tenure is a category 15.2 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and the land subject to the tenure is in a rural area.\n(sec.29-ssec.4) A tenure is a category 15.3 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and the land subject to the tenure is in an urban area.\n(sec.29-ssec.5) A tenure is a category 15.4 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and the land subject to the tenure is in a rural area.\n(sec.29-ssec.6) A tenure is a category 15.5 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and the land subject to the tenure is in an urban area.\n(sec.29-ssec.7) In this section— commercial service means a service relating to communications carried out on a commercial basis. cable television service, mobile phone service community service activity means an activity relating to the provision of an emergency or essential community service. ambulance, fire service, police service domestic service means a service relating to communications carried out other than on a commercial basis. electronic communication service includes services for the internet, radio, telephone and television. limited commercial service activity means an activity relating to the provision of a commercial service or domestic service carried out by— a radio broadcaster owned by the Commonwealth or the State; or a television broadcaster owned by the Commonwealth or the State; or a local service provider. local service provider means an entity employing fewer than 200 employees, that provides a commercial service or domestic service— within an urban area; or only to a rural area. non-community service activity means an activity relating to the provision of a commercial service or domestic service, other than a limited commercial service activity. providing , an electronic communications service, includes relaying and transmitting the service. rural area means a part of the State that is not an urban area. urban area means any of the following local government areas— Brisbane Gold Coast Ipswich Logan Moreton Bay Noosa Redland Sunshine Coast.\n- (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and\n- (b) the land subject to the tenure is in a rural area.\n- (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and\n- (b) the land subject to the tenure is in an urban area.\n- (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and\n- (b) the land subject to the tenure is in a rural area.\n- (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and\n- (b) the land subject to the tenure is in an urban area.\n- (a) a radio broadcaster owned by the Commonwealth or the State; or\n- (b) a television broadcaster owned by the Commonwealth or the State; or\n- (c) a local service provider.\n- (a) within an urban area; or\n- (b) only to a rural area.\n- • Brisbane\n- • Gold Coast\n- • Ipswich\n- • Logan\n- • Moreton Bay\n- • Noosa\n- • Redland\n- • Sunshine Coast.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Category 16 tenure","content":"### sec.30 Category 16 tenure\n\nEach of the following tenures is a category 16 tenure—\na tenure over land at a place known as an ‘Economic Development Queensland industrial estate’;\na lease for which the chief executive has, under section 16 of the Act , assessed the most appropriate tenure for the lease land as freehold.\ns 30 amd 2024 Act No. 12 s 82\n- (a) a tenure over land at a place known as an ‘Economic Development Queensland industrial estate’;\n- (b) a lease for which the chief executive has, under section 16 of the Act , assessed the most appropriate tenure for the lease land as freehold.","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Allocating particular lease or licence to rental category","content":"### sec.31 Allocating particular lease or licence to rental category\n\nThis subsection applies if—\na lease is offered to a prospective lessee; or\na licence is offered to a prospective licensee.\nThe Minister must—\ndecide to allocate the lease or licence to a rental category (a rental category decision ) for calculating the rent payable for the lease or licence; and\ngive notice of the rental category decision to the prospective lessee or licensee.\nThe notice must include or be accompanied by an information notice for the rental category decision.\nIf the prospective lessee or licensee enters into the lease or licence, the lessee or licensee may appeal against the rental category decision.\nFor appealing against a decision, see chapter 7 , part 3 of the Act .\ns 31 amd 2024 Act No. 12 s 83\n(sec.31-ssec.1) This subsection applies if— a lease is offered to a prospective lessee; or a licence is offered to a prospective licensee.\n(sec.31-ssec.2) The Minister must— decide to allocate the lease or licence to a rental category (a rental category decision ) for calculating the rent payable for the lease or licence; and give notice of the rental category decision to the prospective lessee or licensee.\n(sec.31-ssec.3) The notice must include or be accompanied by an information notice for the rental category decision.\n(sec.31-ssec.4) If the prospective lessee or licensee enters into the lease or licence, the lessee or licensee may appeal against the rental category decision. For appealing against a decision, see chapter 7 , part 3 of the Act .\n- (a) a lease is offered to a prospective lessee; or\n- (b) a licence is offered to a prospective licensee.\n- (a) decide to allocate the lease or licence to a rental category (a rental category decision ) for calculating the rent payable for the lease or licence; and\n- (b) give notice of the rental category decision to the prospective lessee or licensee.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Allocating particular permit to rental category","content":"### sec.32 Allocating particular permit to rental category\n\nThis section applies if a permit to occupy is offered to a prospective permittee.\nThe chief executive must—\ndecide to allocate the permit to a rental category for calculating the rent payable for the permit; and\ngive notice of the decision to the prospective permittee.\nIf the prospective permittee enters into the permit, the permittee may appeal against the decision.\nFor appealing against a decision, see chapter 7 , part 3 of the Act .\nA notice of a decision given under subsection (2) (b) must be accompanied by or include an information notice about the decision.\n(sec.32-ssec.1) This section applies if a permit to occupy is offered to a prospective permittee.\n(sec.32-ssec.2) The chief executive must— decide to allocate the permit to a rental category for calculating the rent payable for the permit; and give notice of the decision to the prospective permittee.\n(sec.32-ssec.3) If the prospective permittee enters into the permit, the permittee may appeal against the decision. For appealing against a decision, see chapter 7 , part 3 of the Act .\n(sec.32-ssec.4) A notice of a decision given under subsection (2) (b) must be accompanied by or include an information notice about the decision.\n- (a) decide to allocate the permit to a rental category for calculating the rent payable for the permit; and\n- (b) give notice of the decision to the prospective permittee.","sortOrder":43},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Valuations for rental purposes","content":"## Valuations for rental purposes","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Rental valuation","content":"### sec.33 Rental valuation\n\nSubject to subsections (2) and (3) , the rental valuation of land for a rental period is the most recently made Land Act rental valuation of the land for the rental period.\nThe rental valuation of land subject to a category 12.1, 13 or 14.2 tenure for a rental period is the averaged value of the land for the rental period.\nThe rental valuation of land subject to a category 12.2 tenure for a rental period is—\nthe averaged value of the land for the rental period; or\nif the averaged value of the land for the rental period is more than 13,850 fee units—13,850 fee units.\nThe averaged value of land is the value of the land worked out by averaging the Land Act valuation of the land under schedule 2 .\nIn this section—\nLand Act rental valuation see the Land Valuation Act 2010 , section 6 (4) .\ns 33 amd 2020 SL No. 107 s 23 ; 2021 SL No. 48 s 17 ; 2022 SL No. 47 s 14\n(sec.33-ssec.1) Subject to subsections (2) and (3) , the rental valuation of land for a rental period is the most recently made Land Act rental valuation of the land for the rental period.\n(sec.33-ssec.2) The rental valuation of land subject to a category 12.1, 13 or 14.2 tenure for a rental period is the averaged value of the land for the rental period.\n(sec.33-ssec.3) The rental valuation of land subject to a category 12.2 tenure for a rental period is— the averaged value of the land for the rental period; or if the averaged value of the land for the rental period is more than 13,850 fee units—13,850 fee units.\n(sec.33-ssec.4) The averaged value of land is the value of the land worked out by averaging the Land Act valuation of the land under schedule 2 .\n(sec.33-ssec.5) In this section— Land Act rental valuation see the Land Valuation Act 2010 , section 6 (4) .\n- (a) the averaged value of the land for the rental period; or\n- (b) if the averaged value of the land for the rental period is more than 13,850 fee units—13,850 fee units.","sortOrder":45},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Amount of rent payable","content":"## Amount of rent payable","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Minimum rent for tenures of particular categories","content":"### sec.34 Minimum rent for tenures of particular categories\n\nThe minimum rent payable for a category 11.1, 11.2, 12.1, 12.2, 13 or 16 tenure for a rental period is 277 fee units.\nThe minimum rent payable for a category 14.2 tenure is 134 fee units.\ns 34 amd 2020 SL No. 107 s 24 ; 2021 SL No. 48 s 18 ; 2022 SL No. 47 s 15\n(sec.34-ssec.1) The minimum rent payable for a category 11.1, 11.2, 12.1, 12.2, 13 or 16 tenure for a rental period is 277 fee units.\n(sec.34-ssec.2) The minimum rent payable for a category 14.2 tenure is 134 fee units.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Rent for tenures of particular categories based on rental valuation","content":"### sec.35 Rent for tenures of particular categories based on rental valuation\n\nThe rent payable for a rental period for land subject to a tenure of a category stated in column 1 of the following table is the amount calculated by multiplying the rental valuation of the land by the percentage mentioned opposite the category in column 2 of the table.\nCategory of tenure\ncolumn 1\nPercentage\ncolumn 2\ncategory 11.1\n1.5%\ncategory 11.2\n0.75%\ncategory 12.1\n6%\ncategory 12.2\n6%\ncategory 13\n6%\ncategory 14.2\nfor the land subject to the tenure on which the clubhouse and associated amenities are situated\n5%\nfor the rest of the land subject to the tenure\n1%\ncategory 16\n7%\nThis section applies subject to section 34 .\n(sec.35-ssec.1) The rent payable for a rental period for land subject to a tenure of a category stated in column 1 of the following table is the amount calculated by multiplying the rental valuation of the land by the percentage mentioned opposite the category in column 2 of the table. Category of tenure column 1 Percentage column 2 category 11.1 1.5% category 11.2 0.75% category 12.1 6% category 12.2 6% category 13 6% category 14.2 for the land subject to the tenure on which the clubhouse and associated amenities are situated 5% for the rest of the land subject to the tenure 1% category 16 7%\n(sec.35-ssec.2) This section applies subject to section 34 .","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Rent for tenures of particular categories","content":"### sec.36 Rent for tenures of particular categories\n\nThe rent payable for a rental period for a tenure of a category stated in column 1 of the following table is the amount mentioned opposite the category in column 2 of the table—\nCategory of tenure\ncolumn 1\nAmount of rent payable\ncolumn 2\ncategory 14.1\n134 fee units\ncategory 15.1\n134 fee units\ncategory 15.2\n6,973 fee units\ncategory 15.3\n10,366 fee units\ncategory 15.4\n13,952 fee units\ncategory 15.5\n20,926 fee units\ns 36 amd 2020 SL No. 107 s 25 ; 2021 SL No. 48 s 19 ; 2022 SL No. 47 s 16","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Rent for leases with particular title references","content":"### sec.37 Rent for leases with particular title references\n\nThe rent payable for the term of each of the leases with the title references 40058945, 40077786 and 40078857 is $1.\ns 37 sub 2023 Act No. 2 s 46","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Designated set rent","content":"### sec.38 Designated set rent\n\nThe designated officer may set the rent payable (the designated set rent ) for the following—\na term lease for a significant development;\na licence or permit to occupy for which a rental valuation has not been made;\na tenure given or issued to the State, a government owned corporation or a rail government entity.\nIf the designated officer sets the rent payable for a tenure under subsection (1) , the designated set rent is payable for the tenure despite section 35 or 36 .\n(sec.38-ssec.1) The designated officer may set the rent payable (the designated set rent ) for the following— a term lease for a significant development; a licence or permit to occupy for which a rental valuation has not been made; a tenure given or issued to the State, a government owned corporation or a rail government entity.\n(sec.38-ssec.2) If the designated officer sets the rent payable for a tenure under subsection (1) , the designated set rent is payable for the tenure despite section 35 or 36 .\n- (a) a term lease for a significant development;\n- (b) a licence or permit to occupy for which a rental valuation has not been made;\n- (c) a tenure given or issued to the State, a government owned corporation or a rail government entity.","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Charitable, recreational and sporting concessions","content":"### sec.39 Charitable, recreational and sporting concessions\n\nThe Minister may set a rent less than the rent that would otherwise be payable for a tenure if the tenure holder is a charitable, sporting or recreational organisation.\nIf the Minister sets a rent for a category 14.2 tenure under subsection (1) , the Minister must not set an amount of rent less than the minimum rent for the tenure.\n(sec.39-ssec.1) The Minister may set a rent less than the rent that would otherwise be payable for a tenure if the tenure holder is a charitable, sporting or recreational organisation.\n(sec.39-ssec.2) If the Minister sets a rent for a category 14.2 tenure under subsection (1) , the Minister must not set an amount of rent less than the minimum rent for the tenure.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Development and investigation concessions","content":"### sec.40 Development and investigation concessions\n\nThis section applies in relation to a lease or permit for which a designated set rent has not been set.\nIf the designated officer considers the lease needs investigation and development work by the lessee, the designated officer may fix an annual rent for the lease, instead of the rent that would otherwise be payable—\nwhile the lease is being investigated and developed; but\nonly for the first 5 years of the lease.\nIf the permit is for investigation for a lease for development work, the designated officer may fix an annual rent for the permit, instead of the rent that would otherwise be payable, while the permit is in force.\n(sec.40-ssec.1) This section applies in relation to a lease or permit for which a designated set rent has not been set.\n(sec.40-ssec.2) If the designated officer considers the lease needs investigation and development work by the lessee, the designated officer may fix an annual rent for the lease, instead of the rent that would otherwise be payable— while the lease is being investigated and developed; but only for the first 5 years of the lease.\n(sec.40-ssec.3) If the permit is for investigation for a lease for development work, the designated officer may fix an annual rent for the permit, instead of the rent that would otherwise be payable, while the permit is in force.\n- (a) while the lease is being investigated and developed; but\n- (b) only for the first 5 years of the lease.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Residential hardship concession","content":"### sec.41 Residential hardship concession\n\nThe Minister may allow a reduction of the rent that would otherwise be payable for a lease (a concession ) if the Minister is satisfied—\nthe lease land is the lessee’s principal place of residence; and\nthe lessee is suffering hardship; and\neither—\nthe lessee holds, or is entitled to hold, a Commonwealth concession card; or\nthe annual rent payable under the lease is a significant proportion of the lessee’s taxable income.\nIf the Minister, after allowing a concession for a lease under subsection (1) , considers the financial circumstances of the lessee have changed to the extent the concession should be amended or cancelled, the Minister may change the amount of, or cancel, the concession for future rental periods.\nIf the Minister allows a concession for a lease under subsection (1) and the lease is transferred, the concession does not apply to the lease from the day of the transfer.\n(sec.41-ssec.1) The Minister may allow a reduction of the rent that would otherwise be payable for a lease (a concession ) if the Minister is satisfied— the lease land is the lessee’s principal place of residence; and the lessee is suffering hardship; and either— the lessee holds, or is entitled to hold, a Commonwealth concession card; or the annual rent payable under the lease is a significant proportion of the lessee’s taxable income.\n(sec.41-ssec.2) If the Minister, after allowing a concession for a lease under subsection (1) , considers the financial circumstances of the lessee have changed to the extent the concession should be amended or cancelled, the Minister may change the amount of, or cancel, the concession for future rental periods.\n(sec.41-ssec.3) If the Minister allows a concession for a lease under subsection (1) and the lease is transferred, the concession does not apply to the lease from the day of the transfer.\n- (a) the lease land is the lessee’s principal place of residence; and\n- (b) the lessee is suffering hardship; and\n- (c) either— (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or (ii) the annual rent payable under the lease is a significant proportion of the lessee’s taxable income.\n- (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or\n- (ii) the annual rent payable under the lease is a significant proportion of the lessee’s taxable income.\n- (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or\n- (ii) the annual rent payable under the lease is a significant proportion of the lessee’s taxable income.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2023 Act No. 2 s 108 sch 1","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Protection against undue rent increases","content":"### sec.43 Protection against undue rent increases\n\nThis section applies in relation to a category 11.1 or 11.2 tenure (the current tenure ) for land (the subject land ), but does not apply if—\nimmediately before the current rental period for the current tenure—\nthe current tenure was not in force; and\nthere was no corresponding tenure to the current tenure; or\na designated set rent has been set for the tenure; or\nthe tenure is a freeholding lease.\nIf the Minister considers that an increase of the rent under section 35 for the current tenure is excessive, the Minister may decide that the rent for the tenure for the current rental period is the rent worked out using the following formula—\nwhere—\nRPY means—\nif the current tenure was in force immediately before the current rental period for the tenure—the rent for the tenure for the previous rental period; or\nif, immediately before the current rental period for the current tenure, the current tenure was not in force, but a corresponding tenure to the current tenure was in force—the notional rent for the corresponding tenure for the previous rental period.\nFor this section, a tenure is a corresponding tenure to a current tenure if—\nthe tenure was a former tenure of the current tenure for the subject land, whether or not of the same area as the subject land; and\nthe tenure was ended for the purpose of changing its area, issuing a new tenure or for renewal or conversion under the Act (each a relevant action ); and\nthe current tenure was created as a result of taking a relevant action.\nIn this section—\nnotional rent , for a corresponding tenure to a current tenure, means the rent for each hectare of the area subject to the corresponding tenure multiplied by the total area in hectares subject to the current tenure.\nprevious rental period means—\nin relation to a current tenure that was in force immediately before the current rental period—the rental period for the tenure that ended immediately before the current rental period started; or\nin relation to a corresponding tenure to a current tenure—the last rental period for which the corresponding tenure was in force.\n(sec.43-ssec.1) This section applies in relation to a category 11.1 or 11.2 tenure (the current tenure ) for land (the subject land ), but does not apply if— immediately before the current rental period for the current tenure— the current tenure was not in force; and there was no corresponding tenure to the current tenure; or a designated set rent has been set for the tenure; or the tenure is a freeholding lease.\n(sec.43-ssec.2) If the Minister considers that an increase of the rent under section 35 for the current tenure is excessive, the Minister may decide that the rent for the tenure for the current rental period is the rent worked out using the following formula— where— RPY means— if the current tenure was in force immediately before the current rental period for the tenure—the rent for the tenure for the previous rental period; or if, immediately before the current rental period for the current tenure, the current tenure was not in force, but a corresponding tenure to the current tenure was in force—the notional rent for the corresponding tenure for the previous rental period.\n(sec.43-ssec.3) For this section, a tenure is a corresponding tenure to a current tenure if— the tenure was a former tenure of the current tenure for the subject land, whether or not of the same area as the subject land; and the tenure was ended for the purpose of changing its area, issuing a new tenure or for renewal or conversion under the Act (each a relevant action ); and the current tenure was created as a result of taking a relevant action.\n(sec.43-ssec.4) In this section— notional rent , for a corresponding tenure to a current tenure, means the rent for each hectare of the area subject to the corresponding tenure multiplied by the total area in hectares subject to the current tenure. previous rental period means— in relation to a current tenure that was in force immediately before the current rental period—the rental period for the tenure that ended immediately before the current rental period started; or in relation to a corresponding tenure to a current tenure—the last rental period for which the corresponding tenure was in force.\n- (a) immediately before the current rental period for the current tenure— (i) the current tenure was not in force; and (ii) there was no corresponding tenure to the current tenure; or\n- (i) the current tenure was not in force; and\n- (ii) there was no corresponding tenure to the current tenure; or\n- (b) a designated set rent has been set for the tenure; or\n- (c) the tenure is a freeholding lease.\n- (i) the current tenure was not in force; and\n- (ii) there was no corresponding tenure to the current tenure; or\n- (a) if the current tenure was in force immediately before the current rental period for the tenure—the rent for the tenure for the previous rental period; or\n- (b) if, immediately before the current rental period for the current tenure, the current tenure was not in force, but a corresponding tenure to the current tenure was in force—the notional rent for the corresponding tenure for the previous rental period.\n- (a) the tenure was a former tenure of the current tenure for the subject land, whether or not of the same area as the subject land; and\n- (b) the tenure was ended for the purpose of changing its area, issuing a new tenure or for renewal or conversion under the Act (each a relevant action ); and\n- (c) the current tenure was created as a result of taking a relevant action.\n- (a) in relation to a current tenure that was in force immediately before the current rental period—the rental period for the tenure that ended immediately before the current rental period started; or\n- (b) in relation to a corresponding tenure to a current tenure—the last rental period for which the corresponding tenure was in force.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Rent adjustments for change of rental valuation or category of tenure","content":"### sec.44 Rent adjustments for change of rental valuation or category of tenure\n\nIf a new rental valuation of land subject to a tenure is made in a rental period because of an action under the Act , the amount of rent payable for the tenure must be adjusted from the first quarter day after the action was taken.\nsubdividing a lease under chapter 4 , part 3 , division 4 of the Act\nIf the rental valuation of land for a rental period is amended on an appeal or objection under the Land Valuation Act 2010 —\nthe amount of rent payable for the rental period must be adjusted proportionately; and\ninterest, at the prescribed rate, on rent overpaid for the rental period because of the amendment must be paid from the day the rent was paid until the day the overpaid rent is refunded.\nIf, on appeal, a tenure is allocated to a new rental category, the tenure holder must be credited with—\nthe rent for the tenure that, because of the decision on the appeal, has been overpaid; and\ninterest, at the prescribed rate, on the overpaid rent from when the rent was paid until the appeal was decided.\nIn this section—\nprescribed rate means 2% compounding monthly.\ns 44 amd 2024 Act No. 12 s 84\n(sec.44-ssec.1) If a new rental valuation of land subject to a tenure is made in a rental period because of an action under the Act , the amount of rent payable for the tenure must be adjusted from the first quarter day after the action was taken. subdividing a lease under chapter 4 , part 3 , division 4 of the Act\n(sec.44-ssec.2) If the rental valuation of land for a rental period is amended on an appeal or objection under the Land Valuation Act 2010 — the amount of rent payable for the rental period must be adjusted proportionately; and interest, at the prescribed rate, on rent overpaid for the rental period because of the amendment must be paid from the day the rent was paid until the day the overpaid rent is refunded.\n(sec.44-ssec.3) If, on appeal, a tenure is allocated to a new rental category, the tenure holder must be credited with— the rent for the tenure that, because of the decision on the appeal, has been overpaid; and interest, at the prescribed rate, on the overpaid rent from when the rent was paid until the appeal was decided.\n(sec.44-ssec.4) In this section— prescribed rate means 2% compounding monthly.\n- (a) the amount of rent payable for the rental period must be adjusted proportionately; and\n- (b) interest, at the prescribed rate, on rent overpaid for the rental period because of the amendment must be paid from the day the rent was paid until the day the overpaid rent is refunded.\n- (a) the rent for the tenure that, because of the decision on the appeal, has been overpaid; and\n- (b) interest, at the prescribed rate, on the overpaid rent from when the rent was paid until the appeal was decided.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2024 Act No. 12 s 85","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Rent adjustment for change of area of lease or licence","content":"### sec.46 Rent adjustment for change of area of lease or licence\n\nThis section applies if a designated set rent has been set for a lease or licence, and the area of land subject to the lease or licence is changed.\nThe amount of the rent payable for the lease or licence must be adjusted—\nin accordance with the offer, or the conditions of approval, for the lease or licence; or\nif a rent adjustment was not stated in the offer or approval—proportionately.\n(sec.46-ssec.1) This section applies if a designated set rent has been set for a lease or licence, and the area of land subject to the lease or licence is changed.\n(sec.46-ssec.2) The amount of the rent payable for the lease or licence must be adjusted— in accordance with the offer, or the conditions of approval, for the lease or licence; or if a rent adjustment was not stated in the offer or approval—proportionately.\n- (a) in accordance with the offer, or the conditions of approval, for the lease or licence; or\n- (b) if a rent adjustment was not stated in the offer or approval—proportionately.","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"How rent adjustment must be made","content":"### sec.47 How rent adjustment must be made\n\nThis section applies if the rent for a tenure is adjusted under section 44 or 46 .\nIf the rent is adjusted by $100 or less, the adjustment must be credited or debited to the account of the tenure holder, as applicable.\nIf the rent is adjusted by more than $100, the adjustment must be paid to the department or credited to the account of the tenure holder, as applicable.\ns 47 amd 2024 Act No. 12 s 86\n(sec.47-ssec.1) This section applies if the rent for a tenure is adjusted under section 44 or 46 .\n(sec.47-ssec.2) If the rent is adjusted by $100 or less, the adjustment must be credited or debited to the account of the tenure holder, as applicable.\n(sec.47-ssec.3) If the rent is adjusted by more than $100, the adjustment must be paid to the department or credited to the account of the tenure holder, as applicable.","sortOrder":60},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Payment of rent and instalments","content":"## Payment of rent and instalments","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Paying rent or instalments—general","content":"### sec.48 Paying rent or instalments—general\n\nA tenure holder must pay rent or instalments for the tenure when and where required under this division.\nSubsection (1) applies to a tenure holder even if the holder has—\nobjected to or appealed against—\na rental valuation of the land subject to the tenure; or\nthe allocation of the tenure to a rental category; or\nmade an application for a matter under the Act relevant to the tenure.\nHowever, rent or instalments are not required to be paid at a time or place otherwise required under this division if the chief executive is satisfied the payment can not be made by the time or at the place because of exceptional circumstances.\ncivil disturbance, computer failure, extreme climatic conditions, industrial action\n(sec.48-ssec.1) A tenure holder must pay rent or instalments for the tenure when and where required under this division.\n(sec.48-ssec.2) Subsection (1) applies to a tenure holder even if the holder has— objected to or appealed against— a rental valuation of the land subject to the tenure; or the allocation of the tenure to a rental category; or made an application for a matter under the Act relevant to the tenure.\n(sec.48-ssec.3) However, rent or instalments are not required to be paid at a time or place otherwise required under this division if the chief executive is satisfied the payment can not be made by the time or at the place because of exceptional circumstances. civil disturbance, computer failure, extreme climatic conditions, industrial action\n- (a) objected to or appealed against— (i) a rental valuation of the land subject to the tenure; or (ii) the allocation of the tenure to a rental category; or\n- (i) a rental valuation of the land subject to the tenure; or\n- (ii) the allocation of the tenure to a rental category; or\n- (b) made an application for a matter under the Act relevant to the tenure.\n- (i) a rental valuation of the land subject to the tenure; or\n- (ii) the allocation of the tenure to a rental category; or","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"When rent is payable","content":"### sec.49 When rent is payable\n\nRent for a development lease issued under the repealed Land Act 1962 , part 9 , division 1 , must be paid on or before 1 January of the calendar year for which the rent is payable.\nRent for a category 12.1, 12.2, 13 or 14.2 tenure for which a rental period is divided into quarterly sub-periods under section 21 (5) , must be paid—\nfor the sub-period starting on 1 July—on or before 1 September of the sub-period for which the rent is payable; or\nfor the sub-period starting on 1 October—on or before 1 December of the sub-period for which the rent is payable; or\nfor the sub-period starting on 1 January—on or before 1 March of the sub-period for which the rent is payable; or\nfor the sub-period starting on 1 April—on or before 1 June of the sub-period for which the rent is payable.\nRent for a tenure, other than a tenure mentioned in subsection (1) or (2) , must be paid—\nfor rent payable for a rental period that is a financial year—on or before 1 September of the financial year; or\nfor rent payable for another rental period—on or before the day stated in the account given to the tenure holder setting out the rent or instalments payable.\nThis section applies subject to section 51 .\n(sec.49-ssec.1) Rent for a development lease issued under the repealed Land Act 1962 , part 9 , division 1 , must be paid on or before 1 January of the calendar year for which the rent is payable.\n(sec.49-ssec.2) Rent for a category 12.1, 12.2, 13 or 14.2 tenure for which a rental period is divided into quarterly sub-periods under section 21 (5) , must be paid— for the sub-period starting on 1 July—on or before 1 September of the sub-period for which the rent is payable; or for the sub-period starting on 1 October—on or before 1 December of the sub-period for which the rent is payable; or for the sub-period starting on 1 January—on or before 1 March of the sub-period for which the rent is payable; or for the sub-period starting on 1 April—on or before 1 June of the sub-period for which the rent is payable.\n(sec.49-ssec.3) Rent for a tenure, other than a tenure mentioned in subsection (1) or (2) , must be paid— for rent payable for a rental period that is a financial year—on or before 1 September of the financial year; or for rent payable for another rental period—on or before the day stated in the account given to the tenure holder setting out the rent or instalments payable.\n(sec.49-ssec.4) This section applies subject to section 51 .\n- (a) for the sub-period starting on 1 July—on or before 1 September of the sub-period for which the rent is payable; or\n- (b) for the sub-period starting on 1 October—on or before 1 December of the sub-period for which the rent is payable; or\n- (c) for the sub-period starting on 1 January—on or before 1 March of the sub-period for which the rent is payable; or\n- (d) for the sub-period starting on 1 April—on or before 1 June of the sub-period for which the rent is payable.\n- (a) for rent payable for a rental period that is a financial year—on or before 1 September of the financial year; or\n- (b) for rent payable for another rental period—on or before the day stated in the account given to the tenure holder setting out the rent or instalments payable.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"When instalments are payable","content":"### sec.50 When instalments are payable\n\nAn instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (a) , (c) , (d) or (e) must be paid on or before 31 March in each calendar year for which the instalment is payable.\nAn instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (b) —\nmust be paid on or before each quarter day that is an anniversary of the day on which the lease started; and\nis payable for the year ending on the day immediately before the quarter day.\nAn instalment for a mining titles freeholding lease must be paid on or before 31 December in each year for the calendar year beginning on the next 1 January.\nAn instalment for a freeholding lease, other than a lease mentioned in subsection (1) , (2) or (3) —\nmust be paid on or before each anniversary of the day on which the lease started; and\nis payable for the year ending on the day immediately before the anniversary.\nThis section applies subject to section 51 .\n(sec.50-ssec.1) An instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (a) , (c) , (d) or (e) must be paid on or before 31 March in each calendar year for which the instalment is payable.\n(sec.50-ssec.2) An instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (b) — must be paid on or before each quarter day that is an anniversary of the day on which the lease started; and is payable for the year ending on the day immediately before the quarter day.\n(sec.50-ssec.3) An instalment for a mining titles freeholding lease must be paid on or before 31 December in each year for the calendar year beginning on the next 1 January.\n(sec.50-ssec.4) An instalment for a freeholding lease, other than a lease mentioned in subsection (1) , (2) or (3) — must be paid on or before each anniversary of the day on which the lease started; and is payable for the year ending on the day immediately before the anniversary.\n(sec.50-ssec.5) This section applies subject to section 51 .\n- (a) must be paid on or before each quarter day that is an anniversary of the day on which the lease started; and\n- (b) is payable for the year ending on the day immediately before the quarter day.\n- (a) must be paid on or before each anniversary of the day on which the lease started; and\n- (b) is payable for the year ending on the day immediately before the anniversary.","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Extension of period for paying rent or instalments","content":"### sec.51 Extension of period for paying rent or instalments\n\nThe designated officer may, by notice given to a tenure holder, extend the period for paying an amount of rent or instalments for the tenure to a day that is later than the day the payment would otherwise have been required under section 49 or 50 .\n(sec.51-ssec) The designated officer may, by notice given to a tenure holder, extend the period for paying an amount of rent or instalments for the tenure to a day that is later than the day the payment would otherwise have been required under section 49 or 50 .","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Where rent or instalments must be paid","content":"### sec.52 Where rent or instalments must be paid\n\nRent or instalments must be paid at—\nan office of the department; or\na place mentioned on the account setting out the rent or instalments payable.\n- (a) an office of the department; or\n- (b) a place mentioned on the account setting out the rent or instalments payable.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"How rent or instalments must be paid","content":"### sec.53 How rent or instalments must be paid\n\nRent or instalments must be paid in the way mentioned on the account setting out the rent or instalments payable.","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Overpayment of rent or instalments","content":"### sec.54 Overpayment of rent or instalments\n\nThis section applies if a tenure holder overpays rent or instalments for the tenure.\nThe overpayment must be refunded to, or credited to the account of, the tenure holder.\nInterest is payable on overpaid rent or instalments only if the overpayment happened because of—\na change in valuation on objection or appeal under the Land Valuation Act 2010 ; or\na change to the category of a tenure because of an appeal.\n(sec.54-ssec.1) This section applies if a tenure holder overpays rent or instalments for the tenure.\n(sec.54-ssec.2) The overpayment must be refunded to, or credited to the account of, the tenure holder.\n(sec.54-ssec.3) Interest is payable on overpaid rent or instalments only if the overpayment happened because of— a change in valuation on objection or appeal under the Land Valuation Act 2010 ; or a change to the category of a tenure because of an appeal.\n- (a) a change in valuation on objection or appeal under the Land Valuation Act 2010 ; or\n- (b) a change to the category of a tenure because of an appeal.","sortOrder":68},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Deferral of rent and instalments","content":"## Deferral of rent and instalments","sortOrder":69},{"sectionNumber":"sec.55","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.55 Definitions for subdivision\n\nIn this subdivision—\naffected tenure see section 56 (1) .\ndeferral period , for the payment of rent or instalments, means—\ngenerally—the period stated in a hardship deferral declaration for which the payment of the rent or instalments is deferred; or\nsubject to paragraph (c) , if the period is extended under section 57 (2) —the extended period stated in the hardship deferral declaration; or\nfor a particular tenure, if the period is extended under section 57 (3) —the notified extended period for the tenure under section 57 (3) or (5) .\nhardship deferral declaration see section 56 (2) .\npayment day , for deferred rent or instalments, means—\ngenerally—the day stated in a hardship deferral declaration by which the deferred rent or instalments must be paid; or\nsubject to paragraph (c) , if a later day for payment of the deferred rent or instalments is fixed under section 58 (2) —the later day stated in the hardship deferral declaration; or\nfor a particular tenure, if a later day is fixed under section 58 (3) —the notified payment day for the tenure under section 58 (3) or (5) .\n- (a) generally—the period stated in a hardship deferral declaration for which the payment of the rent or instalments is deferred; or\n- (b) subject to paragraph (c) , if the period is extended under section 57 (2) —the extended period stated in the hardship deferral declaration; or\n- (c) for a particular tenure, if the period is extended under section 57 (3) —the notified extended period for the tenure under section 57 (3) or (5) .\n- (a) generally—the day stated in a hardship deferral declaration by which the deferred rent or instalments must be paid; or\n- (b) subject to paragraph (c) , if a later day for payment of the deferred rent or instalments is fixed under section 58 (2) —the later day stated in the hardship deferral declaration; or\n- (c) for a particular tenure, if a later day is fixed under section 58 (3) —the notified payment day for the tenure under section 58 (3) or (5) .","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"Deferral of rent or instalments for declaration of hardship area","content":"### sec.56 Deferral of rent or instalments for declaration of hardship area\n\nThis section applies if the Minister is satisfied a tenure (an affected tenure ) has been severely affected by—\na natural disaster; or\nadverse economic conditions.\nThe Minister may, by notice published on a Queensland Government website (a hardship deferral declaration ), declare an area comprising, or including, the affected tenure as a hardship area.\nThe hardship deferral declaration must state—\nthe affected tenures to which it relates; and\neach area declared as a hardship area; and\nthat the payment of all or part of the rent or instalments that, but for the declaration, would have been payable by the holder of each affected tenure, is deferred; and\nif the payment of only part of the rent or instalments is deferred—the proportion of the rent or instalments that is deferred; and\nthe period for which the payment of the rent or instalments is deferred; and\nthe terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.\nFor subsection (3) (a) and (b) , an area may be declared as a hardship area by reference to either, or a combination of both, of the following—\nan area comprising or including an affected tenure;\nan area in a local government area.\nIn this section—\nQueensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\n(sec.56-ssec.1) This section applies if the Minister is satisfied a tenure (an affected tenure ) has been severely affected by— a natural disaster; or adverse economic conditions.\n(sec.56-ssec.2) The Minister may, by notice published on a Queensland Government website (a hardship deferral declaration ), declare an area comprising, or including, the affected tenure as a hardship area.\n(sec.56-ssec.3) The hardship deferral declaration must state— the affected tenures to which it relates; and each area declared as a hardship area; and that the payment of all or part of the rent or instalments that, but for the declaration, would have been payable by the holder of each affected tenure, is deferred; and if the payment of only part of the rent or instalments is deferred—the proportion of the rent or instalments that is deferred; and the period for which the payment of the rent or instalments is deferred; and the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.\n(sec.56-ssec.4) For subsection (3) (a) and (b) , an area may be declared as a hardship area by reference to either, or a combination of both, of the following— an area comprising or including an affected tenure; an area in a local government area.\n(sec.56-ssec.5) In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\n- (a) a natural disaster; or\n- (b) adverse economic conditions.\n- (a) the affected tenures to which it relates; and\n- (b) each area declared as a hardship area; and\n- (c) that the payment of all or part of the rent or instalments that, but for the declaration, would have been payable by the holder of each affected tenure, is deferred; and\n- (d) if the payment of only part of the rent or instalments is deferred—the proportion of the rent or instalments that is deferred; and\n- (e) the period for which the payment of the rent or instalments is deferred; and\n- (f) the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.\n- (a) an area comprising or including an affected tenure;\n- (b) an area in a local government area.","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Extending period of deferral for declared hardship area","content":"### sec.57 Extending period of deferral for declared hardship area\n\nThis section applies if the Minister considers it appropriate to extend the period of deferral for payment of rent or instalments for an affected tenure, whether or not the period has previously been extended for the tenure under this section.\nThe Minister may, by amending the hardship deferral declaration, extend the period of deferral for the payment of rent or instalments for all of the affected tenures for a further period starting immediately after the end of the last deferral period stated in the declaration (the declared extended period ).\nThe Minister may, by notice given to the holder of a particular affected tenure, extend the period of deferral for the payment of rent or instalments for the tenure for a period stated in the notice (a notified extended period ).\nA notified extended period must end after the end of the deferral period stated in the hardship deferral declaration.\nIf the period of deferral is extended for all affected tenures under subsection (2) and, but for this subsection, the declared extended period would end after a notified extended period for a particular tenure, the notified extended period is taken to have been further extended until the end of the declared extended period.\n(sec.57-ssec.1) This section applies if the Minister considers it appropriate to extend the period of deferral for payment of rent or instalments for an affected tenure, whether or not the period has previously been extended for the tenure under this section.\n(sec.57-ssec.2) The Minister may, by amending the hardship deferral declaration, extend the period of deferral for the payment of rent or instalments for all of the affected tenures for a further period starting immediately after the end of the last deferral period stated in the declaration (the declared extended period ).\n(sec.57-ssec.3) The Minister may, by notice given to the holder of a particular affected tenure, extend the period of deferral for the payment of rent or instalments for the tenure for a period stated in the notice (a notified extended period ).\n(sec.57-ssec.4) A notified extended period must end after the end of the deferral period stated in the hardship deferral declaration.\n(sec.57-ssec.5) If the period of deferral is extended for all affected tenures under subsection (2) and, but for this subsection, the declared extended period would end after a notified extended period for a particular tenure, the notified extended period is taken to have been further extended until the end of the declared extended period.","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Fixing new payment day for declared hardship area","content":"### sec.58 Fixing new payment day for declared hardship area\n\nThis section applies if the Minister considers it appropriate to fix a later day for the payment of deferred rent or instalments for an affected tenure, whether or not a later payment day for the rent or instalments has previously been fixed under this section.\nThe Minister may, by amending the hardship deferral declaration, fix a day (the declared payment day ), that is within 5 years after the last payment day stated in the declaration, by which the deferred rent or instalments for all of the affected tenures must be paid.\nThe Minister may, by notice given to the holder of a particular affected tenure, fix a day (a notified payment day ), that is within 5 years after the last payment day fixed for the tenure under this subsection, by which the deferred rent or instalments for the tenure must be paid.\nA notified payment day must be later than the declared payment day stated in the hardship deferral declaration.\nIf a later day for the payment of deferred rent or instalments is fixed for all affected tenures under subsection (2) and, but for this subsection, the declared payment day would be later than a notified payment day for a particular tenure, the notified payment day is taken to be the declared payment day.\n(sec.58-ssec.1) This section applies if the Minister considers it appropriate to fix a later day for the payment of deferred rent or instalments for an affected tenure, whether or not a later payment day for the rent or instalments has previously been fixed under this section.\n(sec.58-ssec.2) The Minister may, by amending the hardship deferral declaration, fix a day (the declared payment day ), that is within 5 years after the last payment day stated in the declaration, by which the deferred rent or instalments for all of the affected tenures must be paid.\n(sec.58-ssec.3) The Minister may, by notice given to the holder of a particular affected tenure, fix a day (a notified payment day ), that is within 5 years after the last payment day fixed for the tenure under this subsection, by which the deferred rent or instalments for the tenure must be paid.\n(sec.58-ssec.4) A notified payment day must be later than the declared payment day stated in the hardship deferral declaration.\n(sec.58-ssec.5) If a later day for the payment of deferred rent or instalments is fixed for all affected tenures under subsection (2) and, but for this subsection, the declared payment day would be later than a notified payment day for a particular tenure, the notified payment day is taken to be the declared payment day.","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Effect of hardship deferral declaration on penalty interest","content":"### sec.59 Effect of hardship deferral declaration on penalty interest\n\nIf the payment of rent or instalments for a tenure is deferred under this subdivision, penalty interest does not accrue in relation to the rent or instalments until the day after the payment day.","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Hardship application for deferral of rent or instalments","content":"### sec.60 Hardship application for deferral of rent or instalments\n\nThis section applies if a tenure holder is suffering hardship because of—\na natural disaster; or\nadverse economic conditions related to the purpose of the tenure.\nThe tenure holder may apply to the Minister for a deferral of all or part of the rent or instalments payable for the tenure.\nThe application must—\nbe in writing; and\nfor an application relating to hardship because of a natural disaster—be accompanied by evidence that the tenure holder has received, or is entitled to receive, financial assistance for the natural disaster under a State or Commonwealth scheme.\nThe Minister may ask the tenure holder to give the Minister any further information the Minister needs to help to decide the application.\nfinancial statements, tax returns\n(sec.60-ssec.1) This section applies if a tenure holder is suffering hardship because of— a natural disaster; or adverse economic conditions related to the purpose of the tenure.\n(sec.60-ssec.2) The tenure holder may apply to the Minister for a deferral of all or part of the rent or instalments payable for the tenure.\n(sec.60-ssec.3) The application must— be in writing; and for an application relating to hardship because of a natural disaster—be accompanied by evidence that the tenure holder has received, or is entitled to receive, financial assistance for the natural disaster under a State or Commonwealth scheme.\n(sec.60-ssec.4) The Minister may ask the tenure holder to give the Minister any further information the Minister needs to help to decide the application. financial statements, tax returns\n- (a) a natural disaster; or\n- (b) adverse economic conditions related to the purpose of the tenure.\n- (a) be in writing; and\n- (b) for an application relating to hardship because of a natural disaster—be accompanied by evidence that the tenure holder has received, or is entitled to receive, financial assistance for the natural disaster under a State or Commonwealth scheme.","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Deferral of rent or instalments for particular tenure","content":"### sec.61 Deferral of rent or instalments for particular tenure\n\nThis section applies if the Minister—\nreceives an application from a tenure holder under section 60 ; and\nconsiders the tenure holder has given the Minister the information needed to decide the application; and\nis satisfied the tenure holder is suffering hardship because of—\na natural disaster; or\nadverse economic conditions related to the purpose of the tenure.\nThe Minister may, by notice given to the tenure holder, defer the payment of all or part of the rent or instalments for the tenure.\nThe notice must state—\nthe period for which payment of the rent or instalments is deferred; and\nthe terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.\nIf the payment of rent or instalments for a tenure is deferred by notice under subsection (2) , penalty interest does not accrue in relation to the rent or instalments until the day after the day by which the payment is required under the notice.\n(sec.61-ssec.1) This section applies if the Minister— receives an application from a tenure holder under section 60 ; and considers the tenure holder has given the Minister the information needed to decide the application; and is satisfied the tenure holder is suffering hardship because of— a natural disaster; or adverse economic conditions related to the purpose of the tenure.\n(sec.61-ssec.2) The Minister may, by notice given to the tenure holder, defer the payment of all or part of the rent or instalments for the tenure.\n(sec.61-ssec.3) The notice must state— the period for which payment of the rent or instalments is deferred; and the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.\n(sec.61-ssec.4) If the payment of rent or instalments for a tenure is deferred by notice under subsection (2) , penalty interest does not accrue in relation to the rent or instalments until the day after the day by which the payment is required under the notice.\n- (a) receives an application from a tenure holder under section 60 ; and\n- (b) considers the tenure holder has given the Minister the information needed to decide the application; and\n- (c) is satisfied the tenure holder is suffering hardship because of— (i) a natural disaster; or (ii) adverse economic conditions related to the purpose of the tenure.\n- (i) a natural disaster; or\n- (ii) adverse economic conditions related to the purpose of the tenure.\n- (i) a natural disaster; or\n- (ii) adverse economic conditions related to the purpose of the tenure.\n- (a) the period for which payment of the rent or instalments is deferred; and\n- (b) the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"References to deferral","content":"### sec.62 References to deferral\n\nA reference in this subdivision to the deferral of the payment of rent or instalments under subdivision 1 or 2 includes a reference to the authorisation under either of those subdivisions of the payment of the deferred rent or instalments by a stated day.","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Revocation of deferral for change of circumstances","content":"### sec.63 Revocation of deferral for change of circumstances\n\nThis section applies if—\nthe payment of the rent or instalments for a tenure is deferred under subdivision 1 or 2 ; and\nthe Minister considers the tenure holder’s financial circumstances have changed to the extent the deferral should no longer apply.\nThe Minister may, by notice given to the tenure holder, revoke—\nfor payment of rent—the deferral of the payment of the rent for the tenure that is payable from the next rental period after the notice is given; or\nfor payment of instalments—the deferral of the payment of the instalments for the tenure that are payable after the notice is given.\n(sec.63-ssec.1) This section applies if— the payment of the rent or instalments for a tenure is deferred under subdivision 1 or 2 ; and the Minister considers the tenure holder’s financial circumstances have changed to the extent the deferral should no longer apply.\n(sec.63-ssec.2) The Minister may, by notice given to the tenure holder, revoke— for payment of rent—the deferral of the payment of the rent for the tenure that is payable from the next rental period after the notice is given; or for payment of instalments—the deferral of the payment of the instalments for the tenure that are payable after the notice is given.\n- (a) the payment of the rent or instalments for a tenure is deferred under subdivision 1 or 2 ; and\n- (b) the Minister considers the tenure holder’s financial circumstances have changed to the extent the deferral should no longer apply.\n- (a) for payment of rent—the deferral of the payment of the rent for the tenure that is payable from the next rental period after the notice is given; or\n- (b) for payment of instalments—the deferral of the payment of the instalments for the tenure that are payable after the notice is given.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Cessation of deferral on transfer","content":"### sec.64 Cessation of deferral on transfer\n\nThis section applies if—\nthe payment of the rent or instalments for a lease or licence is deferred under subdivision 1 or 2 ; and\nthe lease or licence is transferred.\nThe deferral of the payment of the rent or instalments stops applying in relation to the lease or licence from the day of the settlement of the transfer.\n(sec.64-ssec.1) This section applies if— the payment of the rent or instalments for a lease or licence is deferred under subdivision 1 or 2 ; and the lease or licence is transferred.\n(sec.64-ssec.2) The deferral of the payment of the rent or instalments stops applying in relation to the lease or licence from the day of the settlement of the transfer.\n- (a) the payment of the rent or instalments for a lease or licence is deferred under subdivision 1 or 2 ; and\n- (b) the lease or licence is transferred.","sortOrder":79},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Action for non-payment of rent or instalments","content":"## Action for non-payment of rent or instalments","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"Obligation to pay penalty interest on unpaid rent or instalments","content":"### sec.65 Obligation to pay penalty interest on unpaid rent or instalments\n\nThis section applies to a tenure holder if the holder does not pay an amount of rent or instalments for the tenure when required under section 49 or 50 , whether or not the period for paying the amount has been extended under section 51 .\nThis section also applies to a tenure holder if—\nthe payment of the rent or instalments for the tenure has been deferred under division 6 ; and\nthe holder does not pay an amount of the rent or instalments—\nfor payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or\nfor payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.\nThe tenure holder must pay the penalty interest that has accrued on the amount of the rent or instalments owing from when the amount first became payable until the day it is paid.\nUnder sections 59 and 61 (4) , penalty interest does not accrue in relation to deferred rent or instalments until the days provided for under the provisions respectively.\nThe tenure holder must pay the penalty interest when the tenure holder pays the amount of rent or instalments owing.\nHowever, penalty interest does not accrue on the amount of the rent or instalments owing if the designated officer—\nconsiders the tenure holder had a reasonable excuse for not paying the amount; and\ngives the tenure holder a notice stating that under this subsection penalty interest has not accrued, and will not accrue, on the amount.\n(sec.65-ssec.1) This section applies to a tenure holder if the holder does not pay an amount of rent or instalments for the tenure when required under section 49 or 50 , whether or not the period for paying the amount has been extended under section 51 .\n(sec.65-ssec.2) This section also applies to a tenure holder if— the payment of the rent or instalments for the tenure has been deferred under division 6 ; and the holder does not pay an amount of the rent or instalments— for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.\n(sec.65-ssec.3) The tenure holder must pay the penalty interest that has accrued on the amount of the rent or instalments owing from when the amount first became payable until the day it is paid. Under sections 59 and 61 (4) , penalty interest does not accrue in relation to deferred rent or instalments until the days provided for under the provisions respectively.\n(sec.65-ssec.4) The tenure holder must pay the penalty interest when the tenure holder pays the amount of rent or instalments owing.\n(sec.65-ssec.5) However, penalty interest does not accrue on the amount of the rent or instalments owing if the designated officer— considers the tenure holder had a reasonable excuse for not paying the amount; and gives the tenure holder a notice stating that under this subsection penalty interest has not accrued, and will not accrue, on the amount.\n- (a) the payment of the rent or instalments for the tenure has been deferred under division 6 ; and\n- (b) the holder does not pay an amount of the rent or instalments— (i) for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or (ii) for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.\n- (i) for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or\n- (ii) for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.\n- (i) for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or\n- (ii) for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.\n- (a) considers the tenure holder had a reasonable excuse for not paying the amount; and\n- (b) gives the tenure holder a notice stating that under this subsection penalty interest has not accrued, and will not accrue, on the amount.","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":"Calculation of penalty interest","content":"### sec.66 Calculation of penalty interest\n\nPenalty interest on unpaid rent or instalments—\nis payable at the rate that is 2% above the Suncorp-Metway business variable lending rate; and\naccrues daily; and\ncompounds monthly.\n- (a) is payable at the rate that is 2% above the Suncorp-Metway business variable lending rate; and\n- (b) accrues daily; and\n- (c) compounds monthly.","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Relevant action for non-payment of rent or instalments or penalty interest","content":"### sec.67 Relevant action for non-payment of rent or instalments or penalty interest\n\nThis section applies if a tenure holder—\ndoes not pay an amount of rent or instalments for the tenure—\nwhen required under section 49 or 50 ; or\nif the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or\nfor payment of an amount of rent or instalments deferred for the tenure under division 6 —does not pay the amount on or before the relevant day mentioned in section 65 (2) (b) (i) or (ii) ; or\ndoes not pay the penalty interest owing on an amount mentioned in paragraph (a) or (b) as required under section 65 (3) and (4) .\nThe designated officer may do either or both of the following (each a relevant action )—\ntake action to recover the amount of the rent or instalments or penalty interest owing in a court of competent jurisdiction;\nfor a tenure that is a licence or permit to occupy—cancel the licence or permit.\nForfeiture of leases for non-payment is provided for under chapter 5 , part 4 , divisions 1 and 2 of the Act .\nIf the designated officer proposes to take a relevant action, the designated officer must give the tenure holder a notice stating—\nthe relevant action; and\nthe ground for giving the notice; and\nthe amount of—\nthe rent or instalments owing; and\nthe penalty interest accruing each day; and\nthat the designated officer may take the relevant action after the stated reasonable period of at least 28 days after giving the notice.\n(sec.67-ssec.1) This section applies if a tenure holder— does not pay an amount of rent or instalments for the tenure— when required under section 49 or 50 ; or if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or for payment of an amount of rent or instalments deferred for the tenure under division 6 —does not pay the amount on or before the relevant day mentioned in section 65 (2) (b) (i) or (ii) ; or does not pay the penalty interest owing on an amount mentioned in paragraph (a) or (b) as required under section 65 (3) and (4) .\n(sec.67-ssec.2) The designated officer may do either or both of the following (each a relevant action )— take action to recover the amount of the rent or instalments or penalty interest owing in a court of competent jurisdiction; for a tenure that is a licence or permit to occupy—cancel the licence or permit. Forfeiture of leases for non-payment is provided for under chapter 5 , part 4 , divisions 1 and 2 of the Act .\n(sec.67-ssec.3) If the designated officer proposes to take a relevant action, the designated officer must give the tenure holder a notice stating— the relevant action; and the ground for giving the notice; and the amount of— the rent or instalments owing; and the penalty interest accruing each day; and that the designated officer may take the relevant action after the stated reasonable period of at least 28 days after giving the notice.\n- (a) does not pay an amount of rent or instalments for the tenure— (i) when required under section 49 or 50 ; or (ii) if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or\n- (i) when required under section 49 or 50 ; or\n- (ii) if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or\n- (b) for payment of an amount of rent or instalments deferred for the tenure under division 6 —does not pay the amount on or before the relevant day mentioned in section 65 (2) (b) (i) or (ii) ; or\n- (c) does not pay the penalty interest owing on an amount mentioned in paragraph (a) or (b) as required under section 65 (3) and (4) .\n- (i) when required under section 49 or 50 ; or\n- (ii) if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or\n- (a) take action to recover the amount of the rent or instalments or penalty interest owing in a court of competent jurisdiction;\n- (b) for a tenure that is a licence or permit to occupy—cancel the licence or permit.\n- (a) the relevant action; and\n- (b) the ground for giving the notice; and\n- (c) the amount of— (i) the rent or instalments owing; and (ii) the penalty interest accruing each day; and\n- (i) the rent or instalments owing; and\n- (ii) the penalty interest accruing each day; and\n- (d) that the designated officer may take the relevant action after the stated reasonable period of at least 28 days after giving the notice.\n- (i) the rent or instalments owing; and\n- (ii) the penalty interest accruing each day; and","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Reinstatement of cancelled licence or permit","content":"### sec.68 Reinstatement of cancelled licence or permit\n\nThis section applies if—\na designated officer cancels a licence or permit to occupy under section 67 because the person who held the licence or permit (the former holder ) had not paid—\nan amount of rent or instalments for the licence or permit; or\npenalty interest on the amount; and\nthe designated officer considers the former holder had a reasonable excuse for not paying the rent, instalments or penalty interest; and\nthe former holder pays the full amount of the rent, instalments or penalty interest owing in relation to the licence or permit.\nThe designated officer may reinstate the licence or permit to occupy.\n(sec.68-ssec.1) This section applies if— a designated officer cancels a licence or permit to occupy under section 67 because the person who held the licence or permit (the former holder ) had not paid— an amount of rent or instalments for the licence or permit; or penalty interest on the amount; and the designated officer considers the former holder had a reasonable excuse for not paying the rent, instalments or penalty interest; and the former holder pays the full amount of the rent, instalments or penalty interest owing in relation to the licence or permit.\n(sec.68-ssec.2) The designated officer may reinstate the licence or permit to occupy.\n- (a) a designated officer cancels a licence or permit to occupy under section 67 because the person who held the licence or permit (the former holder ) had not paid— (i) an amount of rent or instalments for the licence or permit; or (ii) penalty interest on the amount; and\n- (i) an amount of rent or instalments for the licence or permit; or\n- (ii) penalty interest on the amount; and\n- (b) the designated officer considers the former holder had a reasonable excuse for not paying the rent, instalments or penalty interest; and\n- (c) the former holder pays the full amount of the rent, instalments or penalty interest owing in relation to the licence or permit.\n- (i) an amount of rent or instalments for the licence or permit; or\n- (ii) penalty interest on the amount; and","sortOrder":84},{"sectionNumber":"pt.5","sectionType":"part","heading":"Prescribed terms of particular interests","content":"# Prescribed terms of particular interests","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"Prescribed terms of types of relevant interests— Act , s 255","content":"### sec.69 Prescribed terms of types of relevant interests— Act , s 255\n\nFor section 255 of the Act —\neach term stated in schedule 3 is a prescribed term of a trustee lease or trustee sublease of the type stated in the schedule; and\neach term stated in schedule 4 is a prescribed term of a sublease of the type stated in the schedule.\n- (a) each term stated in schedule 3 is a prescribed term of a trustee lease or trustee sublease of the type stated in the schedule; and\n- (b) each term stated in schedule 4 is a prescribed term of a sublease of the type stated in the schedule.","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"Transition period from commencement of prescribed term— Act , s 256","content":"### sec.70 Transition period from commencement of prescribed term— Act , s 256\n\nFor section 256 (6) of the Act , definition transition period , the period prescribed is 1 year.","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Transition period from commencement of amended prescribed term— Act , s 257","content":"### sec.71 Transition period from commencement of amended prescribed term— Act , s 257\n\nFor section 257 (4) of the Act , definition transition period , the period prescribed is 1 year.","sortOrder":88},{"sectionNumber":"pt.6","sectionType":"part","heading":"Registration and dealings","content":"# Registration and dealings","sortOrder":89},{"sectionNumber":"sec.72","sectionType":"section","heading":"Land for which register must be kept— Act , s 276","content":"### sec.72 Land for which register must be kept— Act , s 276\n\nFor section 276 (j) of the Act , harbours corporation land is prescribed.\nIn this section—\ncontinuing powers means powers mentioned in the repealed Harbours Act 1955 , section 64 or 196 as in force immediately before the commencement of the Transport Infrastructure Act 1994 , expired section 232 .\nThe Transport Infrastructure Act 1994 , expired section 232 commenced on 1 July 1994.\nharbours corporation land means the land for which, under the Transport Infrastructure Act 1994 , expired section 232 (3) (including under a decision of the Governor in Council), the Minister may exercise continuing powers for the State.\n(sec.72-ssec.1) For section 276 (j) of the Act , harbours corporation land is prescribed.\n(sec.72-ssec.2) In this section— continuing powers means powers mentioned in the repealed Harbours Act 1955 , section 64 or 196 as in force immediately before the commencement of the Transport Infrastructure Act 1994 , expired section 232 . The Transport Infrastructure Act 1994 , expired section 232 commenced on 1 July 1994. harbours corporation land means the land for which, under the Transport Infrastructure Act 1994 , expired section 232 (3) (including under a decision of the Governor in Council), the Minister may exercise continuing powers for the State.","sortOrder":90},{"sectionNumber":"sec.73","sectionType":"section","heading":"Persons who may witness execution of document— Act , s 310","content":"### sec.73 Persons who may witness execution of document— Act , s 310\n\nFor section 310 (2) (b) of the Act , a person mentioned in the Land Title Act 1994 , schedule 1 is prescribed.","sortOrder":91},{"sectionNumber":"sec.74","sectionType":"section","heading":"Requirements for general authority to sublet— Act , s 333","content":"### sec.74 Requirements for general authority to sublet— Act , s 333\n\nFor section 333 (3) of the Act , each of the following requirements is prescribed for an authority under section 333 (1) of the Act for a sublease of a lease—\nthe areas of the lease and the sublease must be clearly identified in the sublease;\nfor a lease that is mortgaged, the mortgagee’s written consent to the sublease must be endorsed on the sublease;\nthe purpose for which the sublease is granted must not be inconsistent with the purpose for which the lease was granted;\nthe term of the sublease must be less than the balance of the term of the lease.\n- (a) the areas of the lease and the sublease must be clearly identified in the sublease;\n- (b) for a lease that is mortgaged, the mortgagee’s written consent to the sublease must be endorsed on the sublease;\n- (c) the purpose for which the sublease is granted must not be inconsistent with the purpose for which the lease was granted;\n- (d) the term of the sublease must be less than the balance of the term of the lease.","sortOrder":92},{"sectionNumber":"pt.7","sectionType":"part","heading":"Dispute resolution","content":"# Dispute resolution","sortOrder":93},{"sectionNumber":"sec.75","sectionType":"section","heading":"Prescribed dispute resolution entities—Act, 339A","content":"### sec.75 Prescribed dispute resolution entities—Act, 339A\n\nFor section 339A of the Act , definition prescribed dispute resolution entity , the following entities are prescribed—\nthe Queensland Law Society Incorporated;\nthe Resolution Institute ABN 69 008 651 232.\n- (a) the Queensland Law Society Incorporated;\n- (b) the Resolution Institute ABN 69 008 651 232.","sortOrder":94},{"sectionNumber":"sec.76","sectionType":"section","heading":"Matters arbitrator must consider in deciding dispute— Act , s 339Q","content":"### sec.76 Matters arbitrator must consider in deciding dispute— Act , s 339Q\n\nFor section 339Q (4) of the Act , this section prescribes the matters the arbitrator must consider in deciding a dispute.\nThe arbitrator must consider any evidence relating to the dispute given to the arbitrator.\n(sec.76-ssec.1) For section 339Q (4) of the Act , this section prescribes the matters the arbitrator must consider in deciding a dispute.\n(sec.76-ssec.2) The arbitrator must consider any evidence relating to the dispute given to the arbitrator.","sortOrder":95},{"sectionNumber":"sec.77","sectionType":"section","heading":"Matters arbitrator must consider for deciding costs— Act , s 339U","content":"### sec.77 Matters arbitrator must consider for deciding costs— Act , s 339U\n\nFor section 339U (4) of the Act , the following matters are prescribed—\nwhether or not a party to the dispute has complied with chapter 6 , part 4 , division 3A of the Act in relation to the dispute;\nwhether a party to the dispute has made a frivolous or vexatious claim in the arbitration;\nwhether a party to the dispute has complied with an order or direction of the arbitrator;\nwhether a party to the dispute has participated in the arbitration in good faith;\nthe amount of any fees incurred because of the appointment of experts under section 339R of the Act .\n- (a) whether or not a party to the dispute has complied with chapter 6 , part 4 , division 3A of the Act in relation to the dispute;\n- (b) whether a party to the dispute has made a frivolous or vexatious claim in the arbitration;\n- (c) whether a party to the dispute has complied with an order or direction of the arbitrator;\n- (d) whether a party to the dispute has participated in the arbitration in good faith;\n- (e) the amount of any fees incurred because of the appointment of experts under section 339R of the Act .","sortOrder":96},{"sectionNumber":"pt.8","sectionType":"part","heading":"General","content":"# General","sortOrder":97},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Unlawful occupation","content":"## Unlawful occupation","sortOrder":98},{"sectionNumber":"sec.78","sectionType":"section","heading":"Minimum period for compliance with trespass notice— Act , s 406","content":"### sec.78 Minimum period for compliance with trespass notice— Act , s 406\n\nFor section 406 (6) of the Act , the period prescribed is—\nfor a trespass notice for camping—4 hours; or\nfor a trespass notice for building, placing or maintaining a relevant improvement on land—28 days; or\nfor a trespass notice related to another trespass act—7 days.\nIn this section—\nrelevant improvement means an improvement, other than—\na fence; or\nan outbuilding; or\ncarport, shed, toilet\nan apparatus for raising, holding or conveying water; or\na cultivation, garden, orchard or plantation.\n(sec.78-ssec.1) For section 406 (6) of the Act , the period prescribed is— for a trespass notice for camping—4 hours; or for a trespass notice for building, placing or maintaining a relevant improvement on land—28 days; or for a trespass notice related to another trespass act—7 days.\n(sec.78-ssec.2) In this section— relevant improvement means an improvement, other than— a fence; or an outbuilding; or carport, shed, toilet an apparatus for raising, holding or conveying water; or a cultivation, garden, orchard or plantation.\n- (a) for a trespass notice for camping—4 hours; or\n- (b) for a trespass notice for building, placing or maintaining a relevant improvement on land—28 days; or\n- (c) for a trespass notice related to another trespass act—7 days.\n- (a) a fence; or\n- (b) an outbuilding; or Examples— carport, shed, toilet\n- (c) an apparatus for raising, holding or conveying water; or\n- (d) a cultivation, garden, orchard or plantation.","sortOrder":99},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Declared beach areas","content":"## Declared beach areas","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Continuation of declaration of declared beach area— Act , s 431Q","content":"### sec.79 Continuation of declaration of declared beach area— Act , s 431Q\n\nFor section 431Q (1) of the Act , the continuing area continues to be declared as a declared beach area.\nThe declaration of the continuing area as a declared beach area under the repealed Land Regulation 2009 , section 49A continues under subsection (1) .\nIn this section—\ncontinuing area means the proposed easements A, B and C on SP143259 situated in lots 69, 71 and 72 on plan FD395.\nThe continuing area is a road under the Transport Operations (Road Use Management) Act 1995 .\n(sec.79-ssec.1) For section 431Q (1) of the Act , the continuing area continues to be declared as a declared beach area.\n(sec.79-ssec.2) The declaration of the continuing area as a declared beach area under the repealed Land Regulation 2009 , section 49A continues under subsection (1) .\n(sec.79-ssec.3) In this section— continuing area means the proposed easements A, B and C on SP143259 situated in lots 69, 71 and 72 on plan FD395. The continuing area is a road under the Transport Operations (Road Use Management) Act 1995 .","sortOrder":101},{"sectionNumber":"sec.80","sectionType":"section","heading":"Purpose of subdivision— Act , s 431T","content":"### sec.80 Purpose of subdivision— Act , s 431T\n\nFor section 431T (3) of the Act , each section in this subdivision states use conditions for the declared beach area to which the section applies.","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Camping on declared beach area","content":"### sec.81 Camping on declared beach area\n\nA person must not camp on a declared beach area.\nMaximum penalty—20 penalty units.\nIn this section—\ncamp includes camping in a vehicle.\n(sec.81-ssec.1) A person must not camp on a declared beach area. Maximum penalty—20 penalty units.\n(sec.81-ssec.2) In this section— camp includes camping in a vehicle.","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Lighting fires on declared beach area","content":"### sec.82 Lighting fires on declared beach area\n\nA person must not light, keep or use a fire on a declared beach area.\nMaximum penalty—20 penalty units.\nThis section does not apply to a person who is—\nlighting or smoking a smoking product; or\nauthorised under an Act to light, keep or use a fire.\nIn this section—\nsmoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 .\ns 82 amd 2023 SL No. 82 s 14 sch 1 ; 2021 SL No. 111 s 18 (amd 2023 SL No. 82 s 13 )\n(sec.82-ssec.1) A person must not light, keep or use a fire on a declared beach area. Maximum penalty—20 penalty units.\n(sec.82-ssec.2) This section does not apply to a person who is— lighting or smoking a smoking product; or authorised under an Act to light, keep or use a fire.\n(sec.82-ssec.3) In this section— smoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 .\n- (a) lighting or smoking a smoking product; or\n- (b) authorised under an Act to light, keep or use a fire.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Littering on declared beach area","content":"### sec.83 Littering on declared beach area\n\nA person must not put, or allow to be put, litter on a declared beach area, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person does not commit an offence under subsection (1) merely because the person puts litter on the declared beach area as an incident of the person’s use of the area and for no longer than is reasonably necessary for the use.\n(sec.83-ssec.1) A person must not put, or allow to be put, litter on a declared beach area, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.83-ssec.2) A person does not commit an offence under subsection (1) merely because the person puts litter on the declared beach area as an incident of the person’s use of the area and for no longer than is reasonably necessary for the use.","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Taking dogs into declared beach area","content":"### sec.84 Taking dogs into declared beach area\n\nThis section applies if a person has a dog, other than a prescribed dog, in the person’s charge on a declared beach area.\nThe person must, unless the person has a reasonable excuse, restrain the dog by a lead or leash at all times the dog is on the declared beach area.\nMaximum penalty—20 penalty units.\nIn this section—\nprescribed dog means any of the following dogs under the Guide, Hearing and Assistance Dogs Act 2009 —\nan assistance dog;\na guide dog;\na hearing dog;\na trainee support dog.\n(sec.84-ssec.1) This section applies if a person has a dog, other than a prescribed dog, in the person’s charge on a declared beach area.\n(sec.84-ssec.2) The person must, unless the person has a reasonable excuse, restrain the dog by a lead or leash at all times the dog is on the declared beach area. Maximum penalty—20 penalty units.\n(sec.84-ssec.3) In this section— prescribed dog means any of the following dogs under the Guide, Hearing and Assistance Dogs Act 2009 — an assistance dog; a guide dog; a hearing dog; a trainee support dog.\n- (a) an assistance dog;\n- (b) a guide dog;\n- (c) a hearing dog;\n- (d) a trainee support dog.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Accessing temporarily closed area","content":"### sec.85 Accessing temporarily closed area\n\nThe manager of a declared beach area may temporarily close the declared beach area or a part of the declared beach area (each the closed area ) if the manager reasonably believes the closure is necessary to—\nprotect the health or safety of a person; or\nminimise any danger to a person or damage to property caused by fire or another natural disaster.\nThe manager may authorise a person to access the closed area.\nA person must not access the closed area unless the person is authorised by the manager.\nMaximum penalty—20 penalty units.\n(sec.85-ssec.1) The manager of a declared beach area may temporarily close the declared beach area or a part of the declared beach area (each the closed area ) if the manager reasonably believes the closure is necessary to— protect the health or safety of a person; or minimise any danger to a person or damage to property caused by fire or another natural disaster.\n(sec.85-ssec.2) The manager may authorise a person to access the closed area.\n(sec.85-ssec.3) A person must not access the closed area unless the person is authorised by the manager. Maximum penalty—20 penalty units.\n- (a) protect the health or safety of a person; or\n- (b) minimise any danger to a person or damage to property caused by fire or another natural disaster.","sortOrder":107},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":108},{"sectionNumber":"sec.86","sectionType":"section","heading":"Continuation of declaration of regulated islands— Act , s 434A","content":"### sec.86 Continuation of declaration of regulated islands— Act , s 434A\n\nFor section 434A (1) of the Act , each island mentioned in schedule 5 continues to be declared as a regulated island.\nThe declaration, under the repealed Land Regulation 2009 section 61A , of each island mentioned in schedule 10B of that regulation continues under subsection (1) .\n(sec.86-ssec.1) For section 434A (1) of the Act , each island mentioned in schedule 5 continues to be declared as a regulated island.\n(sec.86-ssec.2) The declaration, under the repealed Land Regulation 2009 section 61A , of each island mentioned in schedule 10B of that regulation continues under subsection (1) .","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Fees","content":"### sec.87 Fees\n\nThe fees, other than titles registry fees, payable under the Act are stated in schedule 6 .\ns 87 amd 2021 Act No. 12 s 148 sch 3","sortOrder":110},{"sectionNumber":"pt.9","sectionType":"part","heading":"Continued rights and tenures","content":"# Continued rights and tenures","sortOrder":111},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Freeholding leases","content":"## Freeholding leases","sortOrder":112},{"sectionNumber":"sec.88","sectionType":"section","heading":"Minimum instalments— Act , ss 457 , 462 and 466","content":"### sec.88 Minimum instalments— Act , ss 457 , 462 and 466\n\nThis section prescribes—\nfor section 457 (1) (e) of the Act —the minimum instalments for a pre-Wolfe freeholding lease; and\nfor section 462 (1) (d) of the Act —the minimum instalments for a post-Wolfe freeholding lease; and\nfor section 466 (1) (d) of the Act —the minimum instalments for a grazing homestead freeholding lease.\nThe minimum instalments are—\nfor a residential lease—379 fee units; or\nfor another lease—\nfor instalments that pay out the purchase price of the land—940 fee units; and\nfor instalments that pay out the purchase price of commercial timber on the land—940 fee units.\ns 88 amd 2020 SL No. 107 s 26 ; 2021 SL No. 48 s 20 ; 2022 SL No. 47 s 17\n(sec.88-ssec.1) This section prescribes— for section 457 (1) (e) of the Act —the minimum instalments for a pre-Wolfe freeholding lease; and for section 462 (1) (d) of the Act —the minimum instalments for a post-Wolfe freeholding lease; and for section 466 (1) (d) of the Act —the minimum instalments for a grazing homestead freeholding lease.\n(sec.88-ssec.2) The minimum instalments are— for a residential lease—379 fee units; or for another lease— for instalments that pay out the purchase price of the land—940 fee units; and for instalments that pay out the purchase price of commercial timber on the land—940 fee units.\n- (a) for section 457 (1) (e) of the Act —the minimum instalments for a pre-Wolfe freeholding lease; and\n- (b) for section 462 (1) (d) of the Act —the minimum instalments for a post-Wolfe freeholding lease; and\n- (c) for section 466 (1) (d) of the Act —the minimum instalments for a grazing homestead freeholding lease.\n- (a) for a residential lease—379 fee units; or\n- (b) for another lease— (i) for instalments that pay out the purchase price of the land—940 fee units; and (ii) for instalments that pay out the purchase price of commercial timber on the land—940 fee units.\n- (i) for instalments that pay out the purchase price of the land—940 fee units; and\n- (ii) for instalments that pay out the purchase price of commercial timber on the land—940 fee units.\n- (i) for instalments that pay out the purchase price of the land—940 fee units; and\n- (ii) for instalments that pay out the purchase price of commercial timber on the land—940 fee units.","sortOrder":113},{"sectionNumber":"sec.89","sectionType":"section","heading":"Discount for pre-Wolfe freeholding lease— Act , s 457","content":"### sec.89 Discount for pre-Wolfe freeholding lease— Act , s 457\n\nFor section 457 (1) (d) of the Act , this section prescribes the discount for a pre-Wolfe freeholding lease if the remaining purchase price is paid in cash during the lease.\nThe discount is the percentage of the remaining purchase price stated in schedule 7 , column 2 opposite the balance of the term of the pre-Wolfe freeholding lease provided for in column 1 of the schedule.\n(sec.89-ssec.1) For section 457 (1) (d) of the Act , this section prescribes the discount for a pre-Wolfe freeholding lease if the remaining purchase price is paid in cash during the lease.\n(sec.89-ssec.2) The discount is the percentage of the remaining purchase price stated in schedule 7 , column 2 opposite the balance of the term of the pre-Wolfe freeholding lease provided for in column 1 of the schedule.","sortOrder":114},{"sectionNumber":"sec.90","sectionType":"section","heading":"Criteria for residential hardship concession— Act , s 459","content":"### sec.90 Criteria for residential hardship concession— Act , s 459\n\nFor section 459 (1) (b) of the Act , the criteria prescribed are—\nthe lease land is the lessee’s principal place of residence; and\neither—\nthe lessee holds, or is entitled to hold, a Commonwealth concession card; or\nthe annual instalment payable under the lease is a significant proportion of the lessee’s taxable income.\n- (a) the lease land is the lessee’s principal place of residence; and\n- (b) either— (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or (ii) the annual instalment payable under the lease is a significant proportion of the lessee’s taxable income.\n- (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or\n- (ii) the annual instalment payable under the lease is a significant proportion of the lessee’s taxable income.\n- (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or\n- (ii) the annual instalment payable under the lease is a significant proportion of the lessee’s taxable income.","sortOrder":115},{"sectionNumber":"sec.91","sectionType":"section","heading":"Rate of interest for instalments— Act , s 462","content":"### sec.91 Rate of interest for instalments— Act , s 462\n\nFor section 462 (1) (b) of the Act , the rate of interest prescribed for instalments is—\nfor a relevant post-Wolfe freeholding lease—the fixed rate of interest, compounding annually, applying to instalments when the lease was issued; or\nfor another post-Wolfe freeholding lease—the Suncorp-Metway business variable lending rate accruing daily and compounding annually.\nIn this section—\nrelevant post-Wolfe freeholding lease means a post-Wolfe freeholding lease that is—\nan auction purchase freehold issued under the repealed Act on or before 31 December 1991; or\na special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 3 October 1991 for a special lease issued—\nunder the repealed Act and the repealed Industrial Development Act 1963 , section 9 ; or\nbefore the commencement of the repealed Industrial Development Act 1963 under a recommendation of the Minister administering industrial development; or\nsubject to a condition about the freeholding of the lease; or\na special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 5 February 1990, other than a special lease purchase freehold mentioned in paragraph (b) .\n(sec.91-ssec.1) For section 462 (1) (b) of the Act , the rate of interest prescribed for instalments is— for a relevant post-Wolfe freeholding lease—the fixed rate of interest, compounding annually, applying to instalments when the lease was issued; or for another post-Wolfe freeholding lease—the Suncorp-Metway business variable lending rate accruing daily and compounding annually.\n(sec.91-ssec.2) In this section— relevant post-Wolfe freeholding lease means a post-Wolfe freeholding lease that is— an auction purchase freehold issued under the repealed Act on or before 31 December 1991; or a special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 3 October 1991 for a special lease issued— under the repealed Act and the repealed Industrial Development Act 1963 , section 9 ; or before the commencement of the repealed Industrial Development Act 1963 under a recommendation of the Minister administering industrial development; or subject to a condition about the freeholding of the lease; or a special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 5 February 1990, other than a special lease purchase freehold mentioned in paragraph (b) .\n- (a) for a relevant post-Wolfe freeholding lease—the fixed rate of interest, compounding annually, applying to instalments when the lease was issued; or\n- (b) for another post-Wolfe freeholding lease—the Suncorp-Metway business variable lending rate accruing daily and compounding annually.\n- (a) an auction purchase freehold issued under the repealed Act on or before 31 December 1991; or\n- (b) a special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 3 October 1991 for a special lease issued— (i) under the repealed Act and the repealed Industrial Development Act 1963 , section 9 ; or (ii) before the commencement of the repealed Industrial Development Act 1963 under a recommendation of the Minister administering industrial development; or (iii) subject to a condition about the freeholding of the lease; or\n- (i) under the repealed Act and the repealed Industrial Development Act 1963 , section 9 ; or\n- (ii) before the commencement of the repealed Industrial Development Act 1963 under a recommendation of the Minister administering industrial development; or\n- (iii) subject to a condition about the freeholding of the lease; or\n- (c) a special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 5 February 1990, other than a special lease purchase freehold mentioned in paragraph (b) .\n- (i) under the repealed Act and the repealed Industrial Development Act 1963 , section 9 ; or\n- (ii) before the commencement of the repealed Industrial Development Act 1963 under a recommendation of the Minister administering industrial development; or\n- (iii) subject to a condition about the freeholding of the lease; or","sortOrder":116},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definition for subdivision","content":"### sec.92 Definition for subdivision\n\nIn this subdivision—\nrelevant grazing homestead freeholding lease means a grazing homestead freeholding lease, other than an existing grazing homestead freeholding lease, used for grazing or agricultural purposes.","sortOrder":117},{"sectionNumber":"sec.93","sectionType":"section","heading":"Rate of interest for instalments— Act , s 466","content":"### sec.93 Rate of interest for instalments— Act , s 466\n\nFor section 466 (1) (b) of the Act , the rate of interest prescribed for instalments under a relevant grazing homestead freeholding lease is the Suncorp-Metway business variable lending rate accruing daily and compounding annually.","sortOrder":118},{"sectionNumber":"sec.94","sectionType":"section","heading":"Discount for particular relevant grazing homestead freeholding leases— Act , s 466","content":"### sec.94 Discount for particular relevant grazing homestead freeholding leases— Act , s 466\n\nFor section 466 (1) (c) of the Act , this section prescribes the discount for a relevant grazing homestead freeholding lease if the remaining purchase price for the lease is paid in cash during the lease.\nHowever, this section does not apply in relation to a relevant grazing homestead freeholding lease if—\nthe lease was issued on or after 1 July 2014; or\nin the Minister’s opinion, the lease land would have a higher value than grazing or agriculture if it were not used for grazing or agriculture.\nThe discount is the percentage of the purchase price stated in schedule 8 , column 2 opposite the balance of the term of the relevant grazing homestead freeholding lease provided for in column 1 of the schedule.\n(sec.94-ssec.1) For section 466 (1) (c) of the Act , this section prescribes the discount for a relevant grazing homestead freeholding lease if the remaining purchase price for the lease is paid in cash during the lease.\n(sec.94-ssec.2) However, this section does not apply in relation to a relevant grazing homestead freeholding lease if— the lease was issued on or after 1 July 2014; or in the Minister’s opinion, the lease land would have a higher value than grazing or agriculture if it were not used for grazing or agriculture.\n(sec.94-ssec.3) The discount is the percentage of the purchase price stated in schedule 8 , column 2 opposite the balance of the term of the relevant grazing homestead freeholding lease provided for in column 1 of the schedule.\n- (a) the lease was issued on or after 1 July 2014; or\n- (b) in the Minister’s opinion, the lease land would have a higher value than grazing or agriculture if it were not used for grazing or agriculture.","sortOrder":119},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Continued tenures generally","content":"## Continued tenures generally","sortOrder":120},{"sectionNumber":"sec.95","sectionType":"section","heading":"Threshold amount owing for subdivision of freeholding lease— Act , s 489","content":"### sec.95 Threshold amount owing for subdivision of freeholding lease— Act , s 489\n\nFor section 489 (3) (d) of the Act , the amount prescribed for a freeholding lease is—\nif the Minister has reduced an instalment for the lease under section 459 (1) of the Act —the minimum instalment payable under the lease; or\nif the lease (the original lease ) were to be subdivided and each new lease created by the subdivision would be held only by a member of the family of the lessee of the original lease—the minimum instalment payable under the original lease; or\notherwise—$6,750.\n- (a) if the Minister has reduced an instalment for the lease under section 459 (1) of the Act —the minimum instalment payable under the lease; or\n- (b) if the lease (the original lease ) were to be subdivided and each new lease created by the subdivision would be held only by a member of the family of the lessee of the original lease—the minimum instalment payable under the original lease; or\n- (c) otherwise—$6,750.","sortOrder":121},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":122},{"sectionNumber":"sec.96","sectionType":"section","heading":"Purchase price for freeholding of miner’s homestead lease— Act , s 499","content":"### sec.96 Purchase price for freeholding of miner’s homestead lease— Act , s 499\n\nFor section 499 (2) (e) of the Act , the amount prescribed is $110.","sortOrder":123},{"sectionNumber":"sec.97","sectionType":"section","heading":"Interest rate for overpaid rent for current miners homestead application— Act , s 500","content":"### sec.97 Interest rate for overpaid rent for current miners homestead application— Act , s 500\n\nFor section 500 (1) of the Act , the rate of interest prescribed is 2% compounding monthly.","sortOrder":124},{"sectionNumber":"sec.98","sectionType":"section","heading":"Interest rate for overpaid rent for freeholding perpetual town lease (non-competitive lease)— Act , s 503I","content":"### sec.98 Interest rate for overpaid rent for freeholding perpetual town lease (non-competitive lease)— Act , s 503I\n\nFor section 503I (2) of the Act , the rate of interest prescribed is 2% compounding monthly.","sortOrder":125},{"sectionNumber":"pt.10","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":126},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Repeal provision","content":"## Repeal provision","sortOrder":127},{"sectionNumber":"sec.99","sectionType":"section","heading":"Repeal","content":"### sec.99 Repeal\n\nThe Land Regulation 2009 , SL No. 282 is repealed.","sortOrder":128},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":129},{"sectionNumber":"sec.100","sectionType":"section","heading":"Definition for division","content":"### sec.100 Definition for division\n\nIn this division—\nrepealed regulation means the repealed Land Regulation 2009 .","sortOrder":130},{"sectionNumber":"sec.101","sectionType":"section","heading":"Adoption of new model by-law","content":"### sec.101 Adoption of new model by-law\n\nThis section applies if—\nbefore the commencement, a trustee adopted an existing model by-law for trust land; and\nimmediately before the commencement, the existing model by-law had effect as an adopted model by-law for the trust land; and\non the commencement, the Minister has, under section  56(1) of the Act , made a model by-law for trust land (the new model by-law ) that is substantially the same as the existing model by-law.\nOn the commencement, the trustee is taken to have adopted the new model by-law for the trust land under section 4 of this regulation.\nIn this section—\nexisting model by-law means a model by-law made under the repealed regulation.\n(sec.101-ssec.1) This section applies if— before the commencement, a trustee adopted an existing model by-law for trust land; and immediately before the commencement, the existing model by-law had effect as an adopted model by-law for the trust land; and on the commencement, the Minister has, under section  56(1) of the Act , made a model by-law for trust land (the new model by-law ) that is substantially the same as the existing model by-law.\n(sec.101-ssec.2) On the commencement, the trustee is taken to have adopted the new model by-law for the trust land under section 4 of this regulation.\n(sec.101-ssec.3) In this section— existing model by-law means a model by-law made under the repealed regulation.\n- (a) before the commencement, a trustee adopted an existing model by-law for trust land; and\n- (b) immediately before the commencement, the existing model by-law had effect as an adopted model by-law for the trust land; and\n- (c) on the commencement, the Minister has, under section  56(1) of the Act , made a model by-law for trust land (the new model by-law ) that is substantially the same as the existing model by-law.","sortOrder":131},{"sectionNumber":"sec.102","sectionType":"section","heading":"Undecided application for limited rent discount","content":"### sec.102 Undecided application for limited rent discount\n\nThis section applies if—\nbefore 1 July 2018, a lessee for a lease applied to the Minister for a discount on the rent payable for the lease under the repealed regulation, section 40C(2); and\nimmediately before the commencement, the Minister had not decided the application.\nThe repealed regulation, section 40C continues to apply for deciding the application as if this regulation had not been made and the repealed regulation had continued in force.\n(sec.102-ssec.1) This section applies if— before 1 July 2018, a lessee for a lease applied to the Minister for a discount on the rent payable for the lease under the repealed regulation, section 40C(2); and immediately before the commencement, the Minister had not decided the application.\n(sec.102-ssec.2) The repealed regulation, section 40C continues to apply for deciding the application as if this regulation had not been made and the repealed regulation had continued in force.\n- (a) before 1 July 2018, a lessee for a lease applied to the Minister for a discount on the rent payable for the lease under the repealed regulation, section 40C(2); and\n- (b) immediately before the commencement, the Minister had not decided the application.","sortOrder":132},{"sectionNumber":"sec.103","sectionType":"section","heading":"Approved application for limited rent discount","content":"### sec.103 Approved application for limited rent discount\n\nThis section applies if—\nbefore the commencement, the Minister approved, under the repealed regulation, section 40C(3), a former discount application for a lease; and\nimmediately before the commencement—\nthe 5 years for which the discount applied under the repealed regulation, section 40C(4), had not ended; and\nthe discount had not ended under the repealed regulation, section 40C(5).\nThis section also applies if, on or after the commencement, the Minister decides to approve a former discount application for a lease under the repealed regulation, section 40C(3), as applied under section 102(2) of this regulation.\nThe repealed regulation, section 40C continues to apply in relation to the approval and the discount as if this regulation had not been made and the repealed regulation had continued in force.\nIn this section—\nformer discount application means an application for a discount on the rent payable for a lease under the repealed regulation, section 40C(2).\n(sec.103-ssec.1) This section applies if— before the commencement, the Minister approved, under the repealed regulation, section 40C(3), a former discount application for a lease; and immediately before the commencement— the 5 years for which the discount applied under the repealed regulation, section 40C(4), had not ended; and the discount had not ended under the repealed regulation, section 40C(5).\n(sec.103-ssec.2) This section also applies if, on or after the commencement, the Minister decides to approve a former discount application for a lease under the repealed regulation, section 40C(3), as applied under section 102(2) of this regulation.\n(sec.103-ssec.3) The repealed regulation, section 40C continues to apply in relation to the approval and the discount as if this regulation had not been made and the repealed regulation had continued in force.\n(sec.103-ssec.4) In this section— former discount application means an application for a discount on the rent payable for a lease under the repealed regulation, section 40C(2).\n- (a) before the commencement, the Minister approved, under the repealed regulation, section 40C(3), a former discount application for a lease; and\n- (b) immediately before the commencement— (i) the 5 years for which the discount applied under the repealed regulation, section 40C(4), had not ended; and (ii) the discount had not ended under the repealed regulation, section 40C(5).\n- (i) the 5 years for which the discount applied under the repealed regulation, section 40C(4), had not ended; and\n- (ii) the discount had not ended under the repealed regulation, section 40C(5).\n- (i) the 5 years for which the discount applied under the repealed regulation, section 40C(4), had not ended; and\n- (ii) the discount had not ended under the repealed regulation, section 40C(5).","sortOrder":133},{"sectionNumber":"sec.104","sectionType":"section","heading":"Undecided hardship application for deferral","content":"### sec.104 Undecided hardship application for deferral\n\nThis section applies if—\nbefore the commencement, a lessee or licensee applied to the Minister for a deferral of the payment of rent or instalments for a lease or licence under the repealed regulation, section 40E(1)(a); and\nimmediately before the commencement, the Minister had not decided the application.\nOn the commencement, the application is taken to have been made under section 60 of this regulation.\nSubsection (2) does not limit or otherwise affect the operation of section 60(4) of this regulation.\n(sec.104-ssec.1) This section applies if— before the commencement, a lessee or licensee applied to the Minister for a deferral of the payment of rent or instalments for a lease or licence under the repealed regulation, section 40E(1)(a); and immediately before the commencement, the Minister had not decided the application.\n(sec.104-ssec.2) On the commencement, the application is taken to have been made under section 60 of this regulation.\n(sec.104-ssec.3) Subsection (2) does not limit or otherwise affect the operation of section 60(4) of this regulation.\n- (a) before the commencement, a lessee or licensee applied to the Minister for a deferral of the payment of rent or instalments for a lease or licence under the repealed regulation, section 40E(1)(a); and\n- (b) immediately before the commencement, the Minister had not decided the application.","sortOrder":134},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":135},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Purpose and application","content":"### sch.3-sec.1 Purpose and application\n\nThis schedule states the prescribed terms of—\na trustee lease, other than—\na trustee lease (construction); or\na trustee lease, the granting of which, under a provision of another Act, did not require the Minister’s approval; and\na trustee sublease of a trustee lease to which paragraph (a) applies.\n- (a) a trustee lease, other than— (i) a trustee lease (construction); or (ii) a trustee lease, the granting of which, under a provision of another Act, did not require the Minister’s approval; and\n- (i) a trustee lease (construction); or\n- (ii) a trustee lease, the granting of which, under a provision of another Act, did not require the Minister’s approval; and\n- (b) a trustee sublease of a trustee lease to which paragraph (a) applies.\n- (i) a trustee lease (construction); or\n- (ii) a trustee lease, the granting of which, under a provision of another Act, did not require the Minister’s approval; and","sortOrder":136},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Definitions for schedule","content":"### sch.3-sec.2 Definitions for schedule\n\nIn this schedule—\ntrustee means the trustee of trustee lease land.\ntrustee lease land —\nfor a provision about a trustee lease—means, generally, the trust land the subject of the trustee lease; and\nfor sections 4 to 6 —includes any area of trust land, of which the land mentioned in paragraph (a) is a part, used by the trustee lessee of the trustee lease.\ntrustee lessee , of a trustee lease, means the lessee under the trustee lease.\ntrustee sublease means—\na sublease of a trustee lease approved by the Minister under section 58 (1) (a) of the Act ; or\na sublease of a trustee lease for which the Minister has given the trustee lessee an authority under section 64 (1) of the Act .\ntrustee sublease land , for a provision about a trustee sublease, means the trust land the subject of the trustee sublease.\ntrustee sublessee , in relation to a trustee sublease, means the sublessee under the trustee sublease.\n- (a) for a provision about a trustee lease—means, generally, the trust land the subject of the trustee lease; and\n- (b) for sections 4 to 6 —includes any area of trust land, of which the land mentioned in paragraph (a) is a part, used by the trustee lessee of the trustee lease.\n- (a) a sublease of a trustee lease approved by the Minister under section 58 (1) (a) of the Act ; or\n- (b) a sublease of a trustee lease for which the Minister has given the trustee lessee an authority under section 64 (1) of the Act .","sortOrder":137},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Application to trustee sublease","content":"### sch.3-sec.3 Application to trustee sublease\n\nThis schedule applies in relation to a trustee sublease as if—\na reference in part 2 , other than in section 8 (2) , to a trustee lease were a reference to the trustee sublease; and\na reference in part 2 , other than in section 4 (4) , 8 (2) or 11 , to a trustee lessee were a reference to the trustee sublessee; and\na reference in part 2 to trustee lease land were a reference to trustee sublease land; and\na reference in section 9 to the trustee were a reference to the trustee lessee.\n- (a) a reference in part 2 , other than in section 8 (2) , to a trustee lease were a reference to the trustee sublease; and\n- (b) a reference in part 2 , other than in section 4 (4) , 8 (2) or 11 , to a trustee lessee were a reference to the trustee sublessee; and\n- (c) a reference in part 2 to trustee lease land were a reference to trustee sublease land; and\n- (d) a reference in section 9 to the trustee were a reference to the trustee lessee.","sortOrder":138},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Prescribed terms","content":"# Prescribed terms","sortOrder":139},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Indemnity","content":"### sch.3-sec.4 Indemnity\n\nThe trustee lessee of the trustee lease indemnifies and agrees to keep indemnified the State, the Minister, the trustee and their representatives (all the indemnified parties ) against all liability, costs, loss, charges and expenses including claims in negligence (including any actions, claims, proceedings or demands brought by any third party, and any legal fees, costs and disbursements on an indemnity basis) arising from, or incurred in connection with—\nthe granting of the trustee lease to the trustee lessee; or\nthe trustee lessee’s use and occupation of the trustee lease land; or\npersonal injury (including sickness and death), or property damage or loss, in connection with the following—\nthe performance of the trustee lease by the trustee lessee;\nthe attempted or purported performance of the trustee lease by the trustee lessee;\nthe non-performance of the trustee lease by the trustee lessee;\na breach of the trustee lease by the trustee lessee.\nThe trustee lessee releases and discharges, to the maximum extent permitted by law, the indemnified parties—\nfrom all actions, claims, proceedings or demands; and\nin respect of any loss, death, injury, illness or damage arising out of the use and occupation of the trustee lease land, whether or not—\nthe damage is personal or property damage; or\nthe loss is consequential loss.\nTo the maximum extent permitted by law, the State, the Minister, the trustee and their representatives are not liable to the trustee lessee for any consequential loss arising out of the use and occupation of the trustee lease land.\nIf the trustee lessee has granted a trustee sublease, the trustee lessee is liable for the trustee sublessee’s use and occupation of the trustee sublease land.\nIn this section—\nconsequential loss means the following—\nloss of revenue;\nloss of profit;\nloss of anticipated savings or business;\nloss of opportunity (including opportunity to enter into or complete arrangements with third parties);\nloss of data or goodwill;\nloss of reputation;\nany special, indirect or consequential loss whether arising in contract, tort (including negligence) or otherwise.\nrepresentative , of a party, means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of the party.\n(sch.3-sec.4-ssec.1) The trustee lessee of the trustee lease indemnifies and agrees to keep indemnified the State, the Minister, the trustee and their representatives (all the indemnified parties ) against all liability, costs, loss, charges and expenses including claims in negligence (including any actions, claims, proceedings or demands brought by any third party, and any legal fees, costs and disbursements on an indemnity basis) arising from, or incurred in connection with— the granting of the trustee lease to the trustee lessee; or the trustee lessee’s use and occupation of the trustee lease land; or personal injury (including sickness and death), or property damage or loss, in connection with the following— the performance of the trustee lease by the trustee lessee; the attempted or purported performance of the trustee lease by the trustee lessee; the non-performance of the trustee lease by the trustee lessee; a breach of the trustee lease by the trustee lessee.\n(sch.3-sec.4-ssec.2) The trustee lessee releases and discharges, to the maximum extent permitted by law, the indemnified parties— from all actions, claims, proceedings or demands; and in respect of any loss, death, injury, illness or damage arising out of the use and occupation of the trustee lease land, whether or not— the damage is personal or property damage; or the loss is consequential loss.\n(sch.3-sec.4-ssec.3) To the maximum extent permitted by law, the State, the Minister, the trustee and their representatives are not liable to the trustee lessee for any consequential loss arising out of the use and occupation of the trustee lease land.\n(sch.3-sec.4-ssec.4) If the trustee lessee has granted a trustee sublease, the trustee lessee is liable for the trustee sublessee’s use and occupation of the trustee sublease land.\n(sch.3-sec.4-ssec.5) In this section— consequential loss means the following— loss of revenue; loss of profit; loss of anticipated savings or business; loss of opportunity (including opportunity to enter into or complete arrangements with third parties); loss of data or goodwill; loss of reputation; any special, indirect or consequential loss whether arising in contract, tort (including negligence) or otherwise. representative , of a party, means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of the party.\n- (a) the granting of the trustee lease to the trustee lessee; or\n- (b) the trustee lessee’s use and occupation of the trustee lease land; or\n- (c) personal injury (including sickness and death), or property damage or loss, in connection with the following— (i) the performance of the trustee lease by the trustee lessee; (ii) the attempted or purported performance of the trustee lease by the trustee lessee; (iii) the non-performance of the trustee lease by the trustee lessee; (iv) a breach of the trustee lease by the trustee lessee.\n- (i) the performance of the trustee lease by the trustee lessee;\n- (ii) the attempted or purported performance of the trustee lease by the trustee lessee;\n- (iii) the non-performance of the trustee lease by the trustee lessee;\n- (iv) a breach of the trustee lease by the trustee lessee.\n- (i) the performance of the trustee lease by the trustee lessee;\n- (ii) the attempted or purported performance of the trustee lease by the trustee lessee;\n- (iii) the non-performance of the trustee lease by the trustee lessee;\n- (iv) a breach of the trustee lease by the trustee lessee.\n- (a) from all actions, claims, proceedings or demands; and\n- (b) in respect of any loss, death, injury, illness or damage arising out of the use and occupation of the trustee lease land, whether or not— (i) the damage is personal or property damage; or (ii) the loss is consequential loss.\n- (i) the damage is personal or property damage; or\n- (ii) the loss is consequential loss.\n- (i) the damage is personal or property damage; or\n- (ii) the loss is consequential loss.\n- (a) loss of revenue;\n- (b) loss of profit;\n- (c) loss of anticipated savings or business;\n- (d) loss of opportunity (including opportunity to enter into or complete arrangements with third parties);\n- (e) loss of data or goodwill;\n- (f) loss of reputation;\n- (g) any special, indirect or consequential loss whether arising in contract, tort (including negligence) or otherwise.","sortOrder":140},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Insurance","content":"### sch.3-sec.5 Insurance\n\nThe trustee lessee of the trustee lease must take out a public liability insurance policy (the insurance policy ), complying with subsection (2) , with—\na general insurer authorised under the Insurance Act 1973 (Cwlth) ; or\nanother insurer approved by the Minister.\nThe insurance policy must—\nname the trustee lessee as the person insured under the policy; and\ninsure the trustee lessee against—\nlegal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the trustee lease land or any improvements on the trustee lease land; and\nall actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\ninsure the trustee lessee for at least $20m, or a higher amount reasonably required by the Minister, for each event; and\ninsure the trustee lessee on a ‘claims occurring’ basis; and\nbe maintained by the trustee lessee at all times during the term of the trustee lease.\nIf an event occurs that the trustee lessee considers is likely to give rise to a claim under the insurance policy, the trustee lessee must—\ngive the Minister written notice of the event as soon as practicable after the event occurs; and\nensure the trustee and the Minister are kept fully informed of subsequent actions and developments concerning the claim.\nThe trustee lessee must—\nrenew the insurance policy, at the trustee lessee’s expense, each year during the term of the trustee lease; and\nif the trustee lessee receives a notice of cancellation in relation to the policy—immediately take out another public liability insurance policy complying with subsection (2) .\nThis section does not apply if the trustee lessee—\nis the State, or a statutory authority eligible for insurance from the Queensland Government Insurance Fund; and\nis insured, and continues to be insured, by the Queensland Government Insurance Fund.\nAlso, this section does not apply if the trustee lessee is—\nthe Commonwealth, or a statutory authority eligible for insurance from Comcover; and\nis insured, and continues to be insured, by Comcover.\n(sch.3-sec.5-ssec.1) The trustee lessee of the trustee lease must take out a public liability insurance policy (the insurance policy ), complying with subsection (2) , with— a general insurer authorised under the Insurance Act 1973 (Cwlth) ; or another insurer approved by the Minister.\n(sch.3-sec.5-ssec.2) The insurance policy must— name the trustee lessee as the person insured under the policy; and insure the trustee lessee against— legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the trustee lease land or any improvements on the trustee lease land; and all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and insure the trustee lessee for at least $20m, or a higher amount reasonably required by the Minister, for each event; and insure the trustee lessee on a ‘claims occurring’ basis; and be maintained by the trustee lessee at all times during the term of the trustee lease.\n(sch.3-sec.5-ssec.3) If an event occurs that the trustee lessee considers is likely to give rise to a claim under the insurance policy, the trustee lessee must— give the Minister written notice of the event as soon as practicable after the event occurs; and ensure the trustee and the Minister are kept fully informed of subsequent actions and developments concerning the claim.\n(sch.3-sec.5-ssec.4) The trustee lessee must— renew the insurance policy, at the trustee lessee’s expense, each year during the term of the trustee lease; and if the trustee lessee receives a notice of cancellation in relation to the policy—immediately take out another public liability insurance policy complying with subsection (2) .\n(sch.3-sec.5-ssec.5) This section does not apply if the trustee lessee— is the State, or a statutory authority eligible for insurance from the Queensland Government Insurance Fund; and is insured, and continues to be insured, by the Queensland Government Insurance Fund.\n(sch.3-sec.5-ssec.6) Also, this section does not apply if the trustee lessee is— the Commonwealth, or a statutory authority eligible for insurance from Comcover; and is insured, and continues to be insured, by Comcover.\n- (a) a general insurer authorised under the Insurance Act 1973 (Cwlth) ; or\n- (b) another insurer approved by the Minister.\n- (a) name the trustee lessee as the person insured under the policy; and\n- (b) insure the trustee lessee against— (i) legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the trustee lease land or any improvements on the trustee lease land; and (ii) all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\n- (i) legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the trustee lease land or any improvements on the trustee lease land; and\n- (ii) all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\n- (c) insure the trustee lessee for at least $20m, or a higher amount reasonably required by the Minister, for each event; and\n- (d) insure the trustee lessee on a ‘claims occurring’ basis; and\n- (e) be maintained by the trustee lessee at all times during the term of the trustee lease.\n- (i) legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the trustee lease land or any improvements on the trustee lease land; and\n- (ii) all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\n- (a) give the Minister written notice of the event as soon as practicable after the event occurs; and\n- (b) ensure the trustee and the Minister are kept fully informed of subsequent actions and developments concerning the claim.\n- (a) renew the insurance policy, at the trustee lessee’s expense, each year during the term of the trustee lease; and\n- (b) if the trustee lessee receives a notice of cancellation in relation to the policy—immediately take out another public liability insurance policy complying with subsection (2) .\n- (a) is the State, or a statutory authority eligible for insurance from the Queensland Government Insurance Fund; and\n- (b) is insured, and continues to be insured, by the Queensland Government Insurance Fund.\n- (a) the Commonwealth, or a statutory authority eligible for insurance from Comcover; and\n- (b) is insured, and continues to be insured, by Comcover.","sortOrder":141},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Use, development, access and services","content":"### sch.3-sec.6 Use, development, access and services\n\nThe trustee lessee of the trustee lease may only use or develop the trustee lease land in accordance with—\nthe terms and conditions of the trustee lease; and\nany management plan for the trust land approved under section 48 of the Act .\nThe trustee lessee must not do anything that prevents the trust land, of which the trustee lease land is a part, from being used for the purpose for which the trust land is dedicated as a reserve or granted in trust.\nSubsection (4) applies if the trustee lease is—\na trustee lease (State or statutory body) that is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust; or\na trustee lease approved under section 59 (2) of the Act ; or\na trustee lease that, under section 64 (3) of the Act , is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust.\nSubsection (2) does not apply to a thing done by the trustee lessee in accordance with the trustee lease.\nIf the trustee lease land does not adjoin a road, or have another legal access, the trustee lessee may access, and provide services to, the trustee lease land through the trust land—\nat a place, or on a route, the trustee considers is the most convenient place or route; and\non the conditions decided by the trustee.\nIn this section—\ndevelop , trustee lease land, includes construct improvements on the land.\nservices includes a telephone connection, electricity and water.\nsch 3 s 6 amd 2024 Act No. 12 s 87\n(sch.3-sec.6-ssec.1) The trustee lessee of the trustee lease may only use or develop the trustee lease land in accordance with— the terms and conditions of the trustee lease; and any management plan for the trust land approved under section 48 of the Act .\n(sch.3-sec.6-ssec.2) The trustee lessee must not do anything that prevents the trust land, of which the trustee lease land is a part, from being used for the purpose for which the trust land is dedicated as a reserve or granted in trust.\n(sch.3-sec.6-ssec.3) Subsection (4) applies if the trustee lease is— a trustee lease (State or statutory body) that is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust; or a trustee lease approved under section 59 (2) of the Act ; or a trustee lease that, under section 64 (3) of the Act , is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust.\n(sch.3-sec.6-ssec.4) Subsection (2) does not apply to a thing done by the trustee lessee in accordance with the trustee lease.\n(sch.3-sec.6-ssec.5) If the trustee lease land does not adjoin a road, or have another legal access, the trustee lessee may access, and provide services to, the trustee lease land through the trust land— at a place, or on a route, the trustee considers is the most convenient place or route; and on the conditions decided by the trustee.\n(sch.3-sec.6-ssec.6) In this section— develop , trustee lease land, includes construct improvements on the land. services includes a telephone connection, electricity and water.\n- (a) the terms and conditions of the trustee lease; and\n- (b) any management plan for the trust land approved under section 48 of the Act .\n- (a) a trustee lease (State or statutory body) that is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust; or\n- (b) a trustee lease approved under section 59 (2) of the Act ; or\n- (c) a trustee lease that, under section 64 (3) of the Act , is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust.\n- (a) at a place, or on a route, the trustee considers is the most convenient place or route; and\n- (b) on the conditions decided by the trustee.","sortOrder":142},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"Duty of care","content":"### sch.3-sec.7 Duty of care\n\nThe trustee lessee of the trustee lease must manage and use the trustee lease land consistently with the objects of the Act .","sortOrder":143},{"sectionNumber":"sch.3-sec.8","sectionType":"section","heading":"No holding over or other dealings","content":"### sch.3-sec.8 No holding over or other dealings\n\nThe trustee lessee of the trustee lease must not hold over, possess or occupy the trustee lease land after the expiry of the trustee lease.\nIf the trustee lessee has granted a trustee sublease, the term of the trustee sublease must end not later than 1 day before the day the trustee lease expires.\n(sch.3-sec.8-ssec.1) The trustee lessee of the trustee lease must not hold over, possess or occupy the trustee lease land after the expiry of the trustee lease.\n(sch.3-sec.8-ssec.2) If the trustee lessee has granted a trustee sublease, the term of the trustee sublease must end not later than 1 day before the day the trustee lease expires.","sortOrder":144},{"sectionNumber":"sch.3-sec.9","sectionType":"section","heading":"Power of attorney","content":"### sch.3-sec.9 Power of attorney\n\nThe trustee lessee of the trustee lease—\nappoints the trustee to act as the trustee lessee’s attorney; and\nauthorises the trustee to execute all documents, and to perform acts, on the trustee lessee’s behalf that are necessary for the registration of a surrender of the trustee lease to the trustee.\nThe trustee may use the power under subsection (1) only if—\nthe trustee lessee has breached a term or condition of the trustee lease; and\nthe trustee has—\ngiven the trustee lessee written notice of the breach; and\nallowed the trustee lessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and\nthe trustee lessee has not remedied the breach within the period; and\nthe trustee is entitled to end the trustee lease and take possession of the trustee lease land.\nThis section does not apply if the trustee lessee is the Commonwealth or the State.\n(sch.3-sec.9-ssec.1) The trustee lessee of the trustee lease— appoints the trustee to act as the trustee lessee’s attorney; and authorises the trustee to execute all documents, and to perform acts, on the trustee lessee’s behalf that are necessary for the registration of a surrender of the trustee lease to the trustee.\n(sch.3-sec.9-ssec.2) The trustee may use the power under subsection (1) only if— the trustee lessee has breached a term or condition of the trustee lease; and the trustee has— given the trustee lessee written notice of the breach; and allowed the trustee lessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and the trustee lessee has not remedied the breach within the period; and the trustee is entitled to end the trustee lease and take possession of the trustee lease land.\n(sch.3-sec.9-ssec.3) This section does not apply if the trustee lessee is the Commonwealth or the State.\n- (a) appoints the trustee to act as the trustee lessee’s attorney; and\n- (b) authorises the trustee to execute all documents, and to perform acts, on the trustee lessee’s behalf that are necessary for the registration of a surrender of the trustee lease to the trustee.\n- (a) the trustee lessee has breached a term or condition of the trustee lease; and\n- (b) the trustee has— (i) given the trustee lessee written notice of the breach; and (ii) allowed the trustee lessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and\n- (i) given the trustee lessee written notice of the breach; and\n- (ii) allowed the trustee lessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and\n- (c) the trustee lessee has not remedied the breach within the period; and\n- (d) the trustee is entitled to end the trustee lease and take possession of the trustee lease land.\n- (i) given the trustee lessee written notice of the breach; and\n- (ii) allowed the trustee lessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and","sortOrder":145},{"sectionNumber":"sch.3-sec.10","sectionType":"section","heading":"Trustee lessee’s obligations at end of trustee lease","content":"### sch.3-sec.10 Trustee lessee’s obligations at end of trustee lease\n\nAt the end of the trustee lease, the trustee lessee must—\nif the trustee lessee is entitled to remove improvements from the trustee lease land—maintain any insurance the trustee lessee is required to take out under section 5 during the period in which the improvements are removed (the removal period ); and\nif the trustee lessee removes improvements from the trustee lease land—restore and otherwise make good the land—\nto a condition similar to the condition it was in before the start of the trustee lease; and\nto the satisfaction of the trustee; and\nleave the trustee lease land in a clean and tidy condition to the satisfaction of the trustee.\nSection 4 continues to apply to the trustee lessee during the removal period.\n(sch.3-sec.10-ssec.1) At the end of the trustee lease, the trustee lessee must— if the trustee lessee is entitled to remove improvements from the trustee lease land—maintain any insurance the trustee lessee is required to take out under section 5 during the period in which the improvements are removed (the removal period ); and if the trustee lessee removes improvements from the trustee lease land—restore and otherwise make good the land— to a condition similar to the condition it was in before the start of the trustee lease; and to the satisfaction of the trustee; and leave the trustee lease land in a clean and tidy condition to the satisfaction of the trustee.\n(sch.3-sec.10-ssec.2) Section 4 continues to apply to the trustee lessee during the removal period.\n- (a) if the trustee lessee is entitled to remove improvements from the trustee lease land—maintain any insurance the trustee lessee is required to take out under section 5 during the period in which the improvements are removed (the removal period ); and\n- (b) if the trustee lessee removes improvements from the trustee lease land—restore and otherwise make good the land— (i) to a condition similar to the condition it was in before the start of the trustee lease; and (ii) to the satisfaction of the trustee; and\n- (i) to a condition similar to the condition it was in before the start of the trustee lease; and\n- (ii) to the satisfaction of the trustee; and\n- (c) leave the trustee lease land in a clean and tidy condition to the satisfaction of the trustee.\n- (i) to a condition similar to the condition it was in before the start of the trustee lease; and\n- (ii) to the satisfaction of the trustee; and","sortOrder":146},{"sectionNumber":"sch.3-sec.11","sectionType":"section","heading":"Additional obligation for removal of improvements at end of trustee sublease","content":"### sch.3-sec.11 Additional obligation for removal of improvements at end of trustee sublease\n\nThis section applies to a trustee sublessee of a trustee sublease for removing improvements it is entitled to remove from the trustee sublease land at the end of the trustee sublease.\nThe trustee sublessee must remove the improvements from the trustee sublease land—\nif a period for removal of the improvements is agreed between the trustee sublessee and the trustee lessee—within the agreed period; or\notherwise—within 3 months after the trustee sublease ends.\nIf the trustee sublessee does not remove the improvements it is entitled to remove from the trustee sublease land under subsection (2) , the improvements become the property of the trustee lessee.\n(sch.3-sec.11-ssec.1) This section applies to a trustee sublessee of a trustee sublease for removing improvements it is entitled to remove from the trustee sublease land at the end of the trustee sublease.\n(sch.3-sec.11-ssec.2) The trustee sublessee must remove the improvements from the trustee sublease land— if a period for removal of the improvements is agreed between the trustee sublessee and the trustee lessee—within the agreed period; or otherwise—within 3 months after the trustee sublease ends.\n(sch.3-sec.11-ssec.3) If the trustee sublessee does not remove the improvements it is entitled to remove from the trustee sublease land under subsection (2) , the improvements become the property of the trustee lessee.\n- (a) if a period for removal of the improvements is agreed between the trustee sublessee and the trustee lessee—within the agreed period; or\n- (b) otherwise—within 3 months after the trustee sublease ends.","sortOrder":147},{"sectionNumber":"sch.3-sec.12","sectionType":"section","heading":"Jurisdiction","content":"### sch.3-sec.12 Jurisdiction\n\nThe trustee lease is governed by the law of Queensland and relevant Commonwealth laws.","sortOrder":148},{"sectionNumber":"sch.3-sec.13","sectionType":"section","heading":"Compliance with laws","content":"### sch.3-sec.13 Compliance with laws\n\nThe trustee lessee of the trustee lease must comply with all lawful requirements of—\nthe local government for the local government area in which the trustee lease land is situated; or\nany department of the State or the Commonwealth; or\nanother entity with jurisdiction over the trustee lease land, or the development, use or occupation of the trustee lease land.\n- (a) the local government for the local government area in which the trustee lease land is situated; or\n- (b) any department of the State or the Commonwealth; or\n- (c) another entity with jurisdiction over the trustee lease land, or the development, use or occupation of the trustee lease land.","sortOrder":149},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":150},{"sectionNumber":"sch.4-sec.1","sectionType":"section","heading":"Purpose and application","content":"### sch.4-sec.1 Purpose and application\n\nThis schedule states the prescribed terms of a sublease of lease land, other than—\na sublease of a trustee lease; or\na sublease, the granting of which, under section 390A (2) of the Act , did not require the Minister’s approval; or\na sublease, the granting of which, under a provision of another Act, did not require the Minister’s approval.\na sublease for which the Minister’s approval is not required under the Queen’s Wharf Brisbane Act 2016 , section 53\na sublease for which the Minister’s approval is not required under the Water Act 2000 , section 730\n- (a) a sublease of a trustee lease; or\n- (b) a sublease, the granting of which, under section 390A (2) of the Act , did not require the Minister’s approval; or\n- (c) a sublease, the granting of which, under a provision of another Act, did not require the Minister’s approval. Examples of subleases for paragraph (c) — • a sublease for which the Minister’s approval is not required under the Queen’s Wharf Brisbane Act 2016 , section 53 • a sublease for which the Minister’s approval is not required under the Water Act 2000 , section 730\n- • a sublease for which the Minister’s approval is not required under the Queen’s Wharf Brisbane Act 2016 , section 53\n- • a sublease for which the Minister’s approval is not required under the Water Act 2000 , section 730\n- • a sublease for which the Minister’s approval is not required under the Queen’s Wharf Brisbane Act 2016 , section 53\n- • a sublease for which the Minister’s approval is not required under the Water Act 2000 , section 730","sortOrder":151},{"sectionNumber":"sch.4-sec.2","sectionType":"section","heading":"Definitions for schedule","content":"### sch.4-sec.2 Definitions for schedule\n\nIn this schedule—\nhead lease means the lease that has been subleased under a sublease.\nsublease land —\nfor a provision about a sublease—means, generally, the land the subject of the sublease; and\nfor sections 3 to 5 —includes any area of lease land, of which the land mentioned in paragraph (a) is a part, used by the sublessee of the sublease.\nsublessee , of a sublease, means the sublessee under the sublease.\nsublessor , for a provision about a sublease, means the sublessor under the sublease.\n- (a) for a provision about a sublease—means, generally, the land the subject of the sublease; and\n- (b) for sections 3 to 5 —includes any area of lease land, of which the land mentioned in paragraph (a) is a part, used by the sublessee of the sublease.","sortOrder":152},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Prescribed terms","content":"# Prescribed terms","sortOrder":153},{"sectionNumber":"sch.4-sec.3","sectionType":"section","heading":"Indemnity","content":"### sch.4-sec.3 Indemnity\n\nThe sublessee of the sublease indemnifies, and agrees to keep indemnified, the State, the Minister and their representatives (all the indemnified parties ) against all liability, costs, loss, charges and expenses including claims in negligence (including any actions, claims, proceedings or demands brought by any third party, and any legal fees, costs and disbursements on an indemnity basis) arising from, or incurred in connection with—\nthe granting of the sublease to the sublessee; or\nthe sublessee’s use and occupation of the sublease land; or\npersonal injury (including sickness and death), or property damage or loss, in connection with the following—\nthe performance of the sublease by the sublessee;\nthe attempted or purported performance of the sublease by the sublessee;\nthe non-performance of the sublease by the sublessee;\na breach of the sublease by the sublessee.\nThe sublessee releases and discharges, to the maximum extent permitted by law, the indemnified parties—\nfrom all actions, claims, proceedings or demands; and\nin respect of any loss, death, injury, illness or damage arising out of the use and occupation of the sublease land, whether or not—\nthe damage is personal or property damage; and\nthe loss is consequential loss.\nTo the maximum extent permitted by law, the State, the Minister and their representatives are not liable to the sublessee for any consequential loss arising out of the use or occupation of the sublease land.\nIn this section—\nconsequential loss means the following—\nloss of revenue;\nloss of profit;\nloss of anticipated savings or business;\nloss of opportunity (including opportunity to enter into or complete arrangements with third parties);\nloss of data or goodwill;\nloss of reputation;\nany special, indirect or consequential loss whether arising in contract, tort (including negligence) or otherwise.\nrepresentative , of a party, means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of the party.\n(sch.4-sec.3-ssec.1) The sublessee of the sublease indemnifies, and agrees to keep indemnified, the State, the Minister and their representatives (all the indemnified parties ) against all liability, costs, loss, charges and expenses including claims in negligence (including any actions, claims, proceedings or demands brought by any third party, and any legal fees, costs and disbursements on an indemnity basis) arising from, or incurred in connection with— the granting of the sublease to the sublessee; or the sublessee’s use and occupation of the sublease land; or personal injury (including sickness and death), or property damage or loss, in connection with the following— the performance of the sublease by the sublessee; the attempted or purported performance of the sublease by the sublessee; the non-performance of the sublease by the sublessee; a breach of the sublease by the sublessee.\n(sch.4-sec.3-ssec.2) The sublessee releases and discharges, to the maximum extent permitted by law, the indemnified parties— from all actions, claims, proceedings or demands; and in respect of any loss, death, injury, illness or damage arising out of the use and occupation of the sublease land, whether or not— the damage is personal or property damage; and the loss is consequential loss.\n(sch.4-sec.3-ssec.3) To the maximum extent permitted by law, the State, the Minister and their representatives are not liable to the sublessee for any consequential loss arising out of the use or occupation of the sublease land.\n(sch.4-sec.3-ssec.4) In this section— consequential loss means the following— loss of revenue; loss of profit; loss of anticipated savings or business; loss of opportunity (including opportunity to enter into or complete arrangements with third parties); loss of data or goodwill; loss of reputation; any special, indirect or consequential loss whether arising in contract, tort (including negligence) or otherwise. representative , of a party, means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of the party.\n- (a) the granting of the sublease to the sublessee; or\n- (b) the sublessee’s use and occupation of the sublease land; or\n- (c) personal injury (including sickness and death), or property damage or loss, in connection with the following— (i) the performance of the sublease by the sublessee; (ii) the attempted or purported performance of the sublease by the sublessee; (iii) the non-performance of the sublease by the sublessee; (iv) a breach of the sublease by the sublessee.\n- (i) the performance of the sublease by the sublessee;\n- (ii) the attempted or purported performance of the sublease by the sublessee;\n- (iii) the non-performance of the sublease by the sublessee;\n- (iv) a breach of the sublease by the sublessee.\n- (i) the performance of the sublease by the sublessee;\n- (ii) the attempted or purported performance of the sublease by the sublessee;\n- (iii) the non-performance of the sublease by the sublessee;\n- (iv) a breach of the sublease by the sublessee.\n- (a) from all actions, claims, proceedings or demands; and\n- (b) in respect of any loss, death, injury, illness or damage arising out of the use and occupation of the sublease land, whether or not— (i) the damage is personal or property damage; and (ii) the loss is consequential loss.\n- (i) the damage is personal or property damage; and\n- (ii) the loss is consequential loss.\n- (i) the damage is personal or property damage; and\n- (ii) the loss is consequential loss.\n- (a) loss of revenue;\n- (b) loss of profit;\n- (c) loss of anticipated savings or business;\n- (d) loss of opportunity (including opportunity to enter into or complete arrangements with third parties);\n- (e) loss of data or goodwill;\n- (f) loss of reputation;\n- (g) any special, indirect or consequential loss whether arising in contract, tort (including negligence) or otherwise.","sortOrder":154},{"sectionNumber":"sch.4-sec.4","sectionType":"section","heading":"Insurance","content":"### sch.4-sec.4 Insurance\n\nThe sublessee of the sublease must take out a public liability insurance policy (the insurance policy ), complying with subsection (2) , with—\na general insurer authorised under the Insurance Act 1973 (Cwlth) ; or\nanother insurer approved by the Minister.\nThe insurance policy must—\nname the sublessee as the person insured under the policy; and\ninsure the sublessee against—\nlegal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the sublease land or any improvements on the sublease land; and\nall actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\ninsure the sublessee for at least $20m, or a higher amount reasonably required by the Minister, for each event; and\ninsure the sublessee on a ‘claims occurring’ basis; and\nbe maintained by the sublessee at all times during the term of the sublease.\nIf an event occurs that the sublessee considers is likely to give rise to a claim under the insurance policy, the sublessee must—\ngive the Minister written notice of the event as soon as practicable after the event occurs; and\nensure the sublessor and the Minister are kept fully informed of subsequent actions and developments concerning the claim.\nThe sublessee must—\nrenew the insurance policy, at the sublessee’s expense, each year during the term of the sublease; and\nif the sublessee receives a notice of cancellation in relation to the policy—immediately take out another public liability insurance policy complying with subsection (2) .\nThis section does not apply if the sublessee—\nis the State, or a statutory authority eligible for insurance from the Queensland Government Insurance Fund; and\nis insured, and continues to be insured, by the Queensland Government Insurance Fund.\nAlso, this section does not apply if the sublessee—\nis the Commonwealth, or a statutory authority eligible for insurance from Comcover; and\nis insured, and continues to be insured, by Comcover.\n(sch.4-sec.4-ssec.1) The sublessee of the sublease must take out a public liability insurance policy (the insurance policy ), complying with subsection (2) , with— a general insurer authorised under the Insurance Act 1973 (Cwlth) ; or another insurer approved by the Minister.\n(sch.4-sec.4-ssec.2) The insurance policy must— name the sublessee as the person insured under the policy; and insure the sublessee against— legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the sublease land or any improvements on the sublease land; and all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and insure the sublessee for at least $20m, or a higher amount reasonably required by the Minister, for each event; and insure the sublessee on a ‘claims occurring’ basis; and be maintained by the sublessee at all times during the term of the sublease.\n(sch.4-sec.4-ssec.3) If an event occurs that the sublessee considers is likely to give rise to a claim under the insurance policy, the sublessee must— give the Minister written notice of the event as soon as practicable after the event occurs; and ensure the sublessor and the Minister are kept fully informed of subsequent actions and developments concerning the claim.\n(sch.4-sec.4-ssec.4) The sublessee must— renew the insurance policy, at the sublessee’s expense, each year during the term of the sublease; and if the sublessee receives a notice of cancellation in relation to the policy—immediately take out another public liability insurance policy complying with subsection (2) .\n(sch.4-sec.4-ssec.5) This section does not apply if the sublessee— is the State, or a statutory authority eligible for insurance from the Queensland Government Insurance Fund; and is insured, and continues to be insured, by the Queensland Government Insurance Fund.\n(sch.4-sec.4-ssec.6) Also, this section does not apply if the sublessee— is the Commonwealth, or a statutory authority eligible for insurance from Comcover; and is insured, and continues to be insured, by Comcover.\n- (a) a general insurer authorised under the Insurance Act 1973 (Cwlth) ; or\n- (b) another insurer approved by the Minister.\n- (a) name the sublessee as the person insured under the policy; and\n- (b) insure the sublessee against— (i) legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the sublease land or any improvements on the sublease land; and (ii) all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\n- (i) legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the sublease land or any improvements on the sublease land; and\n- (ii) all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\n- (c) insure the sublessee for at least $20m, or a higher amount reasonably required by the Minister, for each event; and\n- (d) insure the sublessee on a ‘claims occurring’ basis; and\n- (e) be maintained by the sublessee at all times during the term of the sublease.\n- (i) legal liability for any loss of, or damage to, any property, and for injury (including death) to any person, arising out of anything done or omitted to be done on or about the sublease land or any improvements on the sublease land; and\n- (ii) all actions, claims, demands, proceedings, costs, charges and expenses, including claims in negligence; and\n- (a) give the Minister written notice of the event as soon as practicable after the event occurs; and\n- (b) ensure the sublessor and the Minister are kept fully informed of subsequent actions and developments concerning the claim.\n- (a) renew the insurance policy, at the sublessee’s expense, each year during the term of the sublease; and\n- (b) if the sublessee receives a notice of cancellation in relation to the policy—immediately take out another public liability insurance policy complying with subsection (2) .\n- (a) is the State, or a statutory authority eligible for insurance from the Queensland Government Insurance Fund; and\n- (b) is insured, and continues to be insured, by the Queensland Government Insurance Fund.\n- (a) is the Commonwealth, or a statutory authority eligible for insurance from Comcover; and\n- (b) is insured, and continues to be insured, by Comcover.","sortOrder":155},{"sectionNumber":"sch.4-sec.5","sectionType":"section","heading":"Use and development","content":"### sch.4-sec.5 Use and development\n\nThe sublessee of the sublease may only use or develop the sublease land—\nunder the Act and any other relevant law; and\nin accordance with—\nthe purpose, terms and conditions of the head lease; and\nthe purpose of the sublease; and\nin a way that would not be a breach of the head lease if it were carried out by the sublessor; and\nfor a use or development for which the sublessee requires an approval—if the sublessee obtains the approval and carries out the use or development under the conditions of the approval.\nSubsection (3) applies if—\nthe head lease is a term lease for pastoral purposes; and\nthe sublease is current at any time during the final 2 years of the term of the head lease (the end period ).\nThe sublessee must not construct improvements or carry out development work on the sublease land during the end period without the Minister's written approval.\nIn this section—\ndevelop , sublease land, includes construct improvements on the land.\nlaw includes a law of the Commonwealth or a local law.\npurpose , of a head lease, means—\nthe purpose for which the lease was originally issued; or\nif the purpose is changed under section 154 of the Act —the purpose of the lease as changed.\n(sch.4-sec.5-ssec.1) The sublessee of the sublease may only use or develop the sublease land— under the Act and any other relevant law; and in accordance with— the purpose, terms and conditions of the head lease; and the purpose of the sublease; and in a way that would not be a breach of the head lease if it were carried out by the sublessor; and for a use or development for which the sublessee requires an approval—if the sublessee obtains the approval and carries out the use or development under the conditions of the approval.\n(sch.4-sec.5-ssec.2) Subsection (3) applies if— the head lease is a term lease for pastoral purposes; and the sublease is current at any time during the final 2 years of the term of the head lease (the end period ).\n(sch.4-sec.5-ssec.3) The sublessee must not construct improvements or carry out development work on the sublease land during the end period without the Minister's written approval.\n(sch.4-sec.5-ssec.4) In this section— develop , sublease land, includes construct improvements on the land. law includes a law of the Commonwealth or a local law. purpose , of a head lease, means— the purpose for which the lease was originally issued; or if the purpose is changed under section 154 of the Act —the purpose of the lease as changed.\n- (a) under the Act and any other relevant law; and\n- (b) in accordance with— (i) the purpose, terms and conditions of the head lease; and (ii) the purpose of the sublease; and\n- (i) the purpose, terms and conditions of the head lease; and\n- (ii) the purpose of the sublease; and\n- (c) in a way that would not be a breach of the head lease if it were carried out by the sublessor; and\n- (d) for a use or development for which the sublessee requires an approval—if the sublessee obtains the approval and carries out the use or development under the conditions of the approval.\n- (i) the purpose, terms and conditions of the head lease; and\n- (ii) the purpose of the sublease; and\n- (a) the head lease is a term lease for pastoral purposes; and\n- (b) the sublease is current at any time during the final 2 years of the term of the head lease (the end period ).\n- (a) the purpose for which the lease was originally issued; or\n- (b) if the purpose is changed under section 154 of the Act —the purpose of the lease as changed.","sortOrder":156},{"sectionNumber":"sch.4-sec.6","sectionType":"section","heading":"Duty of care","content":"### sch.4-sec.6 Duty of care\n\nThe sublessee of the sublease must manage and use the sublease land consistently with the objects of the Act .","sortOrder":157},{"sectionNumber":"sch.4-sec.7","sectionType":"section","heading":"No holding over or other dealings","content":"### sch.4-sec.7 No holding over or other dealings\n\nThe sublessee of the sublease (the current sublease ) must not hold over, possess or occupy the sublease land after the expiry of the term of the sublease.\nHowever, the sublessee and sublessor may enter into a new sublease for the sublease land if—\nthe current sublease contains a clause (the renewal clause ) that gives the sublessee the option to enter into a new sublease with the sublessor for the sublease land; and\nall requirements stated in the renewal clause are satisfied; and\neither—\nthe sublessor applies, at least 3 months before the expiry of the current sublease, for an approval to sublease under section 332 of the Act (a subleasing approval ) and the Minister grants the approval under that section; or\nthe Minister has issued the sublessor with a general authority to sublease under section 333 (1) (a) of the Act (a general subleasing authority ); and\nthe relevant subleasing conditions have been complied with; and\nthe term of the new sublease will expire not later than 1 day before the day the head lease expires.\nIf the sublessee and sublessor enter, or purport to enter, into a new sublease other than under subsection (2) —\nthe new sublease is of no force or effect; and\nthe sublessee—\nmay, if allowed under a term of the current sublease, remove any improvements as allowed under the current sublease after it expires; but\notherwise has no right to possession, occupation or use of the sublease land after the current sublease expires.\nIn this section—\nrelevant subleasing conditions means—\nfor a subleasing approval—any conditions, mentioned in section 332 (3) (b) (i) of the Act , on which the approval is given; or\nfor a general subleasing authority—\nthe requirements prescribed for the authority under section 74 ; and\nany conditions mentioned in section 333 (4) of the Act included in the authority.\n(sch.4-sec.7-ssec.1) The sublessee of the sublease (the current sublease ) must not hold over, possess or occupy the sublease land after the expiry of the term of the sublease.\n(sch.4-sec.7-ssec.2) However, the sublessee and sublessor may enter into a new sublease for the sublease land if— the current sublease contains a clause (the renewal clause ) that gives the sublessee the option to enter into a new sublease with the sublessor for the sublease land; and all requirements stated in the renewal clause are satisfied; and either— the sublessor applies, at least 3 months before the expiry of the current sublease, for an approval to sublease under section 332 of the Act (a subleasing approval ) and the Minister grants the approval under that section; or the Minister has issued the sublessor with a general authority to sublease under section 333 (1) (a) of the Act (a general subleasing authority ); and the relevant subleasing conditions have been complied with; and the term of the new sublease will expire not later than 1 day before the day the head lease expires.\n(sch.4-sec.7-ssec.3) If the sublessee and sublessor enter, or purport to enter, into a new sublease other than under subsection (2) — the new sublease is of no force or effect; and the sublessee— may, if allowed under a term of the current sublease, remove any improvements as allowed under the current sublease after it expires; but otherwise has no right to possession, occupation or use of the sublease land after the current sublease expires.\n(sch.4-sec.7-ssec.4) In this section— relevant subleasing conditions means— for a subleasing approval—any conditions, mentioned in section 332 (3) (b) (i) of the Act , on which the approval is given; or for a general subleasing authority— the requirements prescribed for the authority under section 74 ; and any conditions mentioned in section 333 (4) of the Act included in the authority.\n- (a) the current sublease contains a clause (the renewal clause ) that gives the sublessee the option to enter into a new sublease with the sublessor for the sublease land; and\n- (b) all requirements stated in the renewal clause are satisfied; and\n- (c) either— (i) the sublessor applies, at least 3 months before the expiry of the current sublease, for an approval to sublease under section 332 of the Act (a subleasing approval ) and the Minister grants the approval under that section; or (ii) the Minister has issued the sublessor with a general authority to sublease under section 333 (1) (a) of the Act (a general subleasing authority ); and\n- (i) the sublessor applies, at least 3 months before the expiry of the current sublease, for an approval to sublease under section 332 of the Act (a subleasing approval ) and the Minister grants the approval under that section; or\n- (ii) the Minister has issued the sublessor with a general authority to sublease under section 333 (1) (a) of the Act (a general subleasing authority ); and\n- (d) the relevant subleasing conditions have been complied with; and\n- (e) the term of the new sublease will expire not later than 1 day before the day the head lease expires.\n- (i) the sublessor applies, at least 3 months before the expiry of the current sublease, for an approval to sublease under section 332 of the Act (a subleasing approval ) and the Minister grants the approval under that section; or\n- (ii) the Minister has issued the sublessor with a general authority to sublease under section 333 (1) (a) of the Act (a general subleasing authority ); and\n- (a) the new sublease is of no force or effect; and\n- (b) the sublessee— (i) may, if allowed under a term of the current sublease, remove any improvements as allowed under the current sublease after it expires; but (ii) otherwise has no right to possession, occupation or use of the sublease land after the current sublease expires.\n- (i) may, if allowed under a term of the current sublease, remove any improvements as allowed under the current sublease after it expires; but\n- (ii) otherwise has no right to possession, occupation or use of the sublease land after the current sublease expires.\n- (i) may, if allowed under a term of the current sublease, remove any improvements as allowed under the current sublease after it expires; but\n- (ii) otherwise has no right to possession, occupation or use of the sublease land after the current sublease expires.\n- (a) for a subleasing approval—any conditions, mentioned in section 332 (3) (b) (i) of the Act , on which the approval is given; or\n- (b) for a general subleasing authority— (i) the requirements prescribed for the authority under section 74 ; and (ii) any conditions mentioned in section 333 (4) of the Act included in the authority.\n- (i) the requirements prescribed for the authority under section 74 ; and\n- (ii) any conditions mentioned in section 333 (4) of the Act included in the authority.\n- (i) the requirements prescribed for the authority under section 74 ; and\n- (ii) any conditions mentioned in section 333 (4) of the Act included in the authority.","sortOrder":158},{"sectionNumber":"sch.4-sec.8","sectionType":"section","heading":"Power of attorney","content":"### sch.4-sec.8 Power of attorney\n\nThe sublessee of the sublease—\nappoints the sublessor to act as the sublessee’s attorney; and\nauthorises the sublessor to execute all documents, and to perform acts, on the sublessee’s behalf that are necessary for the registration of a surrender of the sublease to the sublessor.\nThe sublessor may use the power under subsection (1) only if—\nthe sublessee has breached a term or condition of the sublease; and\nthe sublessor has—\ngiven the sublessee written notice of the breach; and\nallowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and\nthe sublessee has not remedied the breach within the period; and\nthe sublessor is entitled to end the sublease and take possession of the sublease land.\nThis section does not apply if the sublessee is the Commonwealth or the State.\n(sch.4-sec.8-ssec.1) The sublessee of the sublease— appoints the sublessor to act as the sublessee’s attorney; and authorises the sublessor to execute all documents, and to perform acts, on the sublessee’s behalf that are necessary for the registration of a surrender of the sublease to the sublessor.\n(sch.4-sec.8-ssec.2) The sublessor may use the power under subsection (1) only if— the sublessee has breached a term or condition of the sublease; and the sublessor has— given the sublessee written notice of the breach; and allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and the sublessee has not remedied the breach within the period; and the sublessor is entitled to end the sublease and take possession of the sublease land.\n(sch.4-sec.8-ssec.3) This section does not apply if the sublessee is the Commonwealth or the State.\n- (a) appoints the sublessor to act as the sublessee’s attorney; and\n- (b) authorises the sublessor to execute all documents, and to perform acts, on the sublessee’s behalf that are necessary for the registration of a surrender of the sublease to the sublessor.\n- (a) the sublessee has breached a term or condition of the sublease; and\n- (b) the sublessor has— (i) given the sublessee written notice of the breach; and (ii) allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and\n- (i) given the sublessee written notice of the breach; and\n- (ii) allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and\n- (c) the sublessee has not remedied the breach within the period; and\n- (d) the sublessor is entitled to end the sublease and take possession of the sublease land.\n- (i) given the sublessee written notice of the breach; and\n- (ii) allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and","sortOrder":159},{"sectionNumber":"sch.4-sec.9","sectionType":"section","heading":"Sublessee’s obligations at end of sublease","content":"### sch.4-sec.9 Sublessee’s obligations at end of sublease\n\nAt the end of the sublease, the sublessee must—\nif the sublessee is entitled to remove improvements from the sublease land—maintain any insurance the sublessee is required to take out under section 4 during the period in which the improvements are removed (the removal period ); and\nif the sublessee removes improvements from the sublease land—restore and otherwise make good the land to a condition similar to the condition it was in before the start of the sublease; and\nleave the sublease land in a clean and tidy condition.\nSection 3 continues to apply to the sublessee during the removal period.\nThe sublessee must remove any improvements from the sublease land it is entitled to remove—\nif a period for removal of the improvements is agreed between the sublessee and the sublessor—within the agreed period; or\notherwise—within 3 months after the sublease ends.\nIf the sublessee does not remove the improvements it is entitled to remove from the sublease land under subsection (3) , the improvements become the property of the sublessor.\n(sch.4-sec.9-ssec.1) At the end of the sublease, the sublessee must— if the sublessee is entitled to remove improvements from the sublease land—maintain any insurance the sublessee is required to take out under section 4 during the period in which the improvements are removed (the removal period ); and if the sublessee removes improvements from the sublease land—restore and otherwise make good the land to a condition similar to the condition it was in before the start of the sublease; and leave the sublease land in a clean and tidy condition.\n(sch.4-sec.9-ssec.2) Section 3 continues to apply to the sublessee during the removal period.\n(sch.4-sec.9-ssec.3) The sublessee must remove any improvements from the sublease land it is entitled to remove— if a period for removal of the improvements is agreed between the sublessee and the sublessor—within the agreed period; or otherwise—within 3 months after the sublease ends.\n(sch.4-sec.9-ssec.4) If the sublessee does not remove the improvements it is entitled to remove from the sublease land under subsection (3) , the improvements become the property of the sublessor.\n- (a) if the sublessee is entitled to remove improvements from the sublease land—maintain any insurance the sublessee is required to take out under section 4 during the period in which the improvements are removed (the removal period ); and\n- (b) if the sublessee removes improvements from the sublease land—restore and otherwise make good the land to a condition similar to the condition it was in before the start of the sublease; and\n- (c) leave the sublease land in a clean and tidy condition.\n- (a) if a period for removal of the improvements is agreed between the sublessee and the sublessor—within the agreed period; or\n- (b) otherwise—within 3 months after the sublease ends.","sortOrder":160},{"sectionNumber":"sch.4-sec.10","sectionType":"section","heading":"Access","content":"### sch.4-sec.10 Access\n\nThe State is not responsible for the provision of access or services to the sublease land.","sortOrder":161},{"sectionNumber":"sch.4-sec.11","sectionType":"section","heading":"Jurisdiction","content":"### sch.4-sec.11 Jurisdiction\n\nThe sublease is governed by the law of Queensland and relevant Commonwealth laws.","sortOrder":162},{"sectionNumber":"sch.4-sec.12","sectionType":"section","heading":"Compliance with laws","content":"### sch.4-sec.12 Compliance with laws\n\nThe sublessee of the sublease must comply with all lawful requirements of—\nthe local government for the local government area in which the sublease land is situated; or\nany department of the State or the Commonwealth; or\nanother entity with jurisdiction over the sublease land, or the development, use or occupation of the sublease land.\n- (a) the local government for the local government area in which the sublease land is situated; or\n- (b) any department of the State or the Commonwealth; or\n- (c) another entity with jurisdiction over the sublease land, or the development, use or occupation of the sublease land.","sortOrder":163}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation primarily prescribes operational and administrative rules—fees, valuation methods, tenancy categories, deferral and enforcement procedures—while repealing the prior Land Regulation and providing transitional provisions to carry over prior decisions (sec 99; secs 101–104). It therefore consolidates and updates detailed mechanics without, on its face, expanding substantive scope beyond setting procedures, rates and decision‑making rules (see secs 4, 5, 9–16, 31–32, 58–66 for mechanics and decision points)."},"complexity_factors":["Detailed valuation and pricing rules, including unimproved value, market value of timber/quarry material and an NPV formula with specified parameters (secs 9–16, sec 10).","Fee‑unit rounding and multiple fee/fee‑unit references across provisions (sec 3A; secs 33–36 implied).","Numerous rental categories with eligibility rules and allocation/appeal pathways (secs 21–32; secs 31–32 set allocation and appeal notice requirements).","Discretionary decision points for Minister and chief executive: rental category decisions, purchase‑price determinations, deferred payment days and special purchase pricing (secs 11, 18, 31, 32, 58, 61).","Complex deferral, revocation and penalty interest regime with application evidentiary requirements and suspension of accrual during deferral (secs 58–66; secs 60–61 require evidence and allow further information requests).","Enforcement and recovery powers with statutory notice periods and reinstatement conditions (secs 65–68, sec 67 requires at least 28 days’ notice before action).","Prescribed standard terms and transitional rules that preserve aspects of the repealed regulation and carry over prior adoptions (secs 69–71; secs 99–104; sec 101 treats prior adoptions as adopted).","Operational and compliance obligations for trustees (public notice and record keeping for model by‑laws — sec 4), permit content limits (sec 5), and public publication duties (sec 4).","Specific, prescriptive land‑use prohibitions and management rules for declared beach areas and regulated islands with penalties (secs 79–86, 78 minimum compliance periods).","Detailed sublease powers and end‑of‑term obligations in schedule provisions including attorney appointment for surrender, removal‑of‑improvements timing, and State non‑liability for services (sch 4 secs 8–12).","Who pays: tenure holders bear rents, fees, instalments, penalties and interest (fees in schedule 6, rent/minimum rent secs 33–34, penalty interest secs 65–66).","Who decides: Minister/chief executive make or are authorised to make key allocation, pricing and deferral decisions (secs 11, 18, 31–32, 58–61); designated officers exercise enforcement discretion (secs 65–68).","Compliance burdens: trustees must follow public‑notice protocols when adopting model by‑laws (sec 4); deferral applicants must supply evidence of disaster assistance and financial documents on request (sec 60(3)–(4)).","Appeal limitations and notice obligations: appeals against purchase price for conversion offers are constrained where rental valuation is used (sec 19); chief executive must provide information notices with offers (sec 19)."],"plain_english_summary":"This regulation sets rules for Queensland land tenure: how leases, licences and permits are issued, categorised and priced; how purchase prices, rents and fees are calculated (including valuation, NPV and fee‑unit rounding); and mechanisms for rent deferral, penalties, appeals, prescribed terms and sublease powers. It affects trustees, tenure holders, lessees, applicants and the Minister/chief executive because it defines who decides, who pays, conditions for use and enforcement."},"kimi_summary":{"_metrics":{"completionTokens":635},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears to operate within its intended scope as a subordinate instrument giving detailed effect to the Land Act 1994. The provisions cover trustee land management, rent setting, hardship relief, and standard lease terms — all consistent with the parent Act's framework. No significant scope expansion beyond the enabling legislation is evident."},"complexity_factors":["16 distinct rental categories with overlapping definitions and conditional criteria","Extensive cross-referencing to the Land Act 1994 and other legislation (Land Valuation Act 2010, Acts Interpretation Act 1954, etc.)","Mathematical formulas for net present value calculations with defined variables (i, g, A)","Multiple valuation methods depending on land type: unimproved value, rental valuation, averaged value, market value for timber/quarry material","Nested exceptions and carve-outs (e.g., section 5(3) exceptions to section 5(2)(d) prohibition on improvements)","Conditional logic for hardship deferrals with multiple triggering events and cascading time extensions","Fee unit system requiring rounding calculations and annual conversion to dollar amounts","Prescribed terms in schedules 3 and 4 with extensive indemnity, insurance, and breach remedy clauses","Transitional provisions preserving rights under repealed regulations with complex temporal conditions"],"plain_english_summary":"This is a Queensland regulation that sets out detailed rules for managing State land, including how rent is calculated, when it must be paid, and what happens if it's not paid.\n\n**What it covers:**\n\n- **Trust land management** — Rules for trustees (organisations managing land for public purposes) to adopt by-laws, issue permits and leases, and account for income\n\n- **Rent and valuations** — A complex system for calculating rent based on 16 different categories of land use, from primary production (farming, grazing) to residential, business, charities, sporting clubs, and communication sites. Rent can be based on a percentage of land value, fixed fee units, or specially set amounts\n\n- **Purchase prices** — How to calculate what someone must pay to buy State land, including formulas for \"unimproved value\" (what bare land would be worth) and \"net present value\" for certain leases\n\n- **Hardship provisions** — Ways rent can be deferred or reduced for people suffering financial hardship, natural disasters, or adverse economic conditions\n\n- **Enforcement** — Penalty interest on unpaid rent, powers to cancel permits, and recovery through courts\n\n- **Standard lease terms** — Prescribed conditions for trustee leases and subleases, including insurance requirements ($20 million public liability), indemnities, and obligations at lease end\n\n- **Beach and island management** — Rules about camping, fires, littering, and dogs on declared beach areas, and continuation of regulated island declarations\n\n**Who it affects:** Anyone leasing, licensing, or occupying State land in Queensland — farmers, businesses, community groups, telecommunications companies, and individuals with residential leases on Crown land."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears to implement consistently what a land management regulation of this type would be expected to cover — rental categories, purchase price methodologies, trust land administration, and concessions. Amendments since 2020 have refined specific provisions (e.g., adding the 12.2 category for short-term accommodation, updating fee unit amounts, adjusting the net present value formula) but have not materially expanded or contracted the regulation's fundamental scope beyond its original administrative purpose."},"complexity_factors":["Extensive cross-referencing to the parent Land Act 1994 (dozens of section references) — the regulation cannot be read in isolation","13 distinct rental categories with layered eligibility criteria and sub-categories (e.g., five communication site categories based on commercial nature and urban/rural location)","Multiple valuation methodologies (unimproved value, net present value using a financial formula, averaged value, rental valuation, market value of timber and quarry material) each with different rules","Financial formulas for net present value and rent-capping calculations requiring specific constants (i = 0.0975, g = 0.025) without plain explanation of their meaning","Fee unit system for expressing monetary amounts, requiring separate calculation using the Acts Interpretation Act 1954 and rounding rules","Temporal complexity in valuation dates — different 'as at' dates apply depending on whether an offer or application triggers the valuation","Multiple overlapping concession regimes (charitable, hardship, development) with separate eligibility tests","Interplay with separate legislation including the Land Valuation Act 2010, Telecommunications Act 1997 (Cwlth), and Corporations Law","Has been amended multiple times (2020–2025) creating potential gaps or inconsistencies in numbering (e.g., sections 42 and 45 omitted)","Highly technical definitions (e.g., 'corresponding tenure', 'notional rent', 'government leasing entity') requiring careful parsing"],"plain_english_summary":"This Queensland regulation fills in the practical rules for managing State-owned land: how leases, permits and conversions to freehold are priced, categorised and charged, and how trustees and users must administer trust land.  \n\nIt affects farmers, graziers, businesses, residents, charities, sporting clubs, telcos, trustees and anyone buying or converting State land — determining rental rates, purchase valuations, concessions, caps and appeal rights that directly shape costs, tenure rights and access."}},"importantCases":[],"_links":{"self":"/api/acts/land-regulation-2020","history":"/api/acts/land-regulation-2020/history","analysis":"/api/acts/land-regulation-2020/analysis","conflicts":"/api/acts/land-regulation-2020/conflicts","importantCases":"/api/acts/land-regulation-2020/important-cases","documents":"/api/acts/land-regulation-2020/documents"}}