QLDIn ForceAct
Land Act 1994
sec.159AProvisions for decision about most appropriate form of tenure
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### sec.159A Provisions for decision about most appropriate form of tenure
In deciding, under section 159 (1) (j) , whether a new lease is the most appropriate form of tenure for the lease land, section 16 applies—
as if a reference in the section to an allocation were a reference to the decision; and
with other necessary changes.
If the lease is over a reserve, the chief executive must, before making the decision, consult with the trustee for the reserve.
If the decision in relation to a renewal application is that another form of tenure is a more appropriate form of tenure than a new lease, the chief executive may elect to treat the application as a conversion application for the other form of tenure.
On the making of an election under subsection (3) —
the renewal application is taken to be a conversion application for the other form of tenure; and
division 3 applies to the conversion application.
Subsections (3) and (4) apply despite any provision contained in the lease.
s 159A ins 2007 No. 19 s 72
amd 2010 No. 12 s 114 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2020 No. 9 s 17 ; 2023 No. 2 s 19 ; 2024 No. 12 s 53
(sec.159A-ssec.1) In deciding, under section 159 (1) (j) , whether a new lease is the most appropriate form of tenure for the lease land, section 16 applies— as if a reference in the section to an allocation were a reference to the decision; and with other necessary changes.
(sec.159A-ssec.2) If the lease is over a reserve, the chief executive must, before making the decision, consult with the trustee for the reserve.
(sec.159A-ssec.3) If the decision in relation to a renewal application is that another form of tenure is a more appropriate form of tenure than a new lease, the chief executive may elect to treat the application as a conversion application for the other form of tenure.
(sec.159A-ssec.4) On the making of an election under subsection (3) — the renewal application is taken to be a conversion application for the other form of tenure; and division 3 applies to the conversion application.
(sec.159A-ssec.5) Subsections (3) and (4) apply despite any provision contained in the lease.
- (a) as if a reference in the section to an allocation were a reference to the decision; and
- (b) with other necessary changes.
- (a) the renewal application is taken to be a conversion application for the other form of tenure; and
- (b) division 3 applies to the conversion application.