QLDIn ForceAct
Land Act 1994
sec.172Issuing of new tenure
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### sec.172 Issuing of new tenure
On acceptance of the offer a tenure (the new tenure ) may be issued by—
if the new tenure is a deed of grant or freeholding lease—the Governor in Council; or
if the new tenure is a term or perpetual lease—the Minister.
See also section 153 (Lease must state its purpose).
The new tenure must be issued in accordance with the terms of the accepted offer.
Additional unallocated State land may be included in the new lease, if chapter 4 , part 1 , division 2 is complied with.
Chapter 4 , part 1 , division 2 is about interests available in land without competition.
If the new tenure is a lease, it must be issued for the same purpose as the lease (the old lease ) the subject of the conversion application.
The new tenure is issued subject to all relevant registered interests to which the old lease was subject, and in the same priorities.
On the registration of the new tenure, the old lease is taken to have been wholly surrendered.
The surrender must be registered.
s 172 sub 2007 No. 19 s 83
amd 2013 No. 23 s 352 sch 1 pt 1
(sec.172-ssec.1) On acceptance of the offer a tenure (the new tenure ) may be issued by— if the new tenure is a deed of grant or freeholding lease—the Governor in Council; or if the new tenure is a term or perpetual lease—the Minister. See also section 153 (Lease must state its purpose).
(sec.172-ssec.2) The new tenure must be issued in accordance with the terms of the accepted offer.
(sec.172-ssec.3) Additional unallocated State land may be included in the new lease, if chapter 4 , part 1 , division 2 is complied with. Chapter 4 , part 1 , division 2 is about interests available in land without competition.
(sec.172-ssec.4) If the new tenure is a lease, it must be issued for the same purpose as the lease (the old lease ) the subject of the conversion application.
(sec.172-ssec.5) The new tenure is issued subject to all relevant registered interests to which the old lease was subject, and in the same priorities.
(sec.172-ssec.6) On the registration of the new tenure, the old lease is taken to have been wholly surrendered.
(sec.172-ssec.7) The surrender must be registered.
- (a) if the new tenure is a deed of grant or freeholding lease—the Governor in Council; or
- (b) if the new tenure is a term or perpetual lease—the Minister.