QLDIn ForceAct
Land Act 1994
sec.199Duty of care condition
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### sec.199 Duty of care condition
All leases, licences and permits are subject to the condition that the lessee, licensee or permittee has the responsibility for a duty of care for the land.
If a lease is issued for agricultural, grazing or pastoral purposes, the lessee’s duty of care includes that the lessee must take all reasonable steps to do the following in relation to the lease land—
avoid causing or contributing to land salinity that—
reduces its productivity; or
damages any other land;
conserve soil;
conserve water resources;
protect riparian vegetation;
maintain pastures dominated by perennial and productive species;
maintain native grassland free of encroachment from woody vegetation;
manage any declared pest;
conserve biodiversity.
However, if the lease land is also a special wildlife reserve or nature refuge under the Nature Conservation Act 1992 , the lessee’s duty of care does not include, or no longer includes, the requirements mentioned in subsection (2) (e) and (f) .
s 199 amd 1997 No. 78 s 45 ; 2007 No. 19 s 105 ; 2019 No. 8 s 53
(sec.199-ssec.1) All leases, licences and permits are subject to the condition that the lessee, licensee or permittee has the responsibility for a duty of care for the land.
(sec.199-ssec.2) If a lease is issued for agricultural, grazing or pastoral purposes, the lessee’s duty of care includes that the lessee must take all reasonable steps to do the following in relation to the lease land— avoid causing or contributing to land salinity that— reduces its productivity; or damages any other land; conserve soil; conserve water resources; protect riparian vegetation; maintain pastures dominated by perennial and productive species; maintain native grassland free of encroachment from woody vegetation; manage any declared pest; conserve biodiversity.
(sec.199-ssec.3) However, if the lease land is also a special wildlife reserve or nature refuge under the Nature Conservation Act 1992 , the lessee’s duty of care does not include, or no longer includes, the requirements mentioned in subsection (2) (e) and (f) .
- (a) avoid causing or contributing to land salinity that— (i) reduces its productivity; or (ii) damages any other land;
- (i) reduces its productivity; or
- (ii) damages any other land;
- (b) conserve soil;
- (c) conserve water resources;
- (d) protect riparian vegetation;
- (e) maintain pastures dominated by perennial and productive species;
- (f) maintain native grassland free of encroachment from woody vegetation;
- (g) manage any declared pest;
- (h) conserve biodiversity.
- (i) reduces its productivity; or
- (ii) damages any other land;