QLDIn ForceAct
Land Act 1994
sec.212BRegulation may impose conditions
Start here
Get a plain-English read of sec.212B
Turn the raw legal text into a practical explanation grounded in Land Act 1994.
### sec.212B Regulation may impose conditions
A regulation may impose a condition on a category of leases, licences or permits.
If a lease is of a category of leases to which a regulated condition applies, the lease becomes subject to that regulated condition when, under this Act—
it is first granted; or
if it is a term lease—
it is granted as a renewed lease; or
its term is extended, other than for an extension under section 434B .
If a licence or permit is of a category of licences or permits to which a regulated condition applies, the licence or permit becomes subject to that regulated condition when it is issued under this Act.
If a lease, licence or permit is subject to a regulated condition (the original condition ) and the regulation is amended to change or omit the original condition, the lease, licence or permit continues to be subject to the original condition as if it had not been changed or omitted.
However, the designated officer for the lease, licence or permit may, if considered appropriate, and with the agreement of the lessee, licensee, or permittee—
omit the original condition from the lease, licence or permit if the regulated condition is omitted from the regulation; or
change the original condition if the regulated condition is changed in the regulation.
Without limiting subsection (1) , a category of leases may be identified for the purposes of a regulation under this section having regard to any of the following—
whether the leases are freeholding leases, perpetual leases or term leases;
their rental categories;
what area of Queensland they are located in;
a combination of any of the matters mentioned in paragraphs (a) to (c) .
s 212B ins 2014 No. 29 s 70
(sec.212B-ssec.1) A regulation may impose a condition on a category of leases, licences or permits.
(sec.212B-ssec.2) If a lease is of a category of leases to which a regulated condition applies, the lease becomes subject to that regulated condition when, under this Act— it is first granted; or if it is a term lease— it is granted as a renewed lease; or its term is extended, other than for an extension under section 434B .
(sec.212B-ssec.3) If a licence or permit is of a category of licences or permits to which a regulated condition applies, the licence or permit becomes subject to that regulated condition when it is issued under this Act.
(sec.212B-ssec.4) If a lease, licence or permit is subject to a regulated condition (the original condition ) and the regulation is amended to change or omit the original condition, the lease, licence or permit continues to be subject to the original condition as if it had not been changed or omitted.
(sec.212B-ssec.5) However, the designated officer for the lease, licence or permit may, if considered appropriate, and with the agreement of the lessee, licensee, or permittee— omit the original condition from the lease, licence or permit if the regulated condition is omitted from the regulation; or change the original condition if the regulated condition is changed in the regulation.
(sec.212B-ssec.6) Without limiting subsection (1) , a category of leases may be identified for the purposes of a regulation under this section having regard to any of the following— whether the leases are freeholding leases, perpetual leases or term leases; their rental categories; what area of Queensland they are located in; a combination of any of the matters mentioned in paragraphs (a) to (c) .
- (a) it is first granted; or
- (b) if it is a term lease— (i) it is granted as a renewed lease; or (ii) its term is extended, other than for an extension under section 434B .
- (i) it is granted as a renewed lease; or
- (ii) its term is extended, other than for an extension under section 434B .
- (i) it is granted as a renewed lease; or
- (ii) its term is extended, other than for an extension under section 434B .
- (a) omit the original condition from the lease, licence or permit if the regulated condition is omitted from the regulation; or
- (b) change the original condition if the regulated condition is changed in the regulation.
- (a) whether the leases are freeholding leases, perpetual leases or term leases;
- (b) their rental categories;
- (c) what area of Queensland they are located in;
- (d) a combination of any of the matters mentioned in paragraphs (a) to (c) .