QLDIn ForceAct
Land Act 1994
sec.213Obligation to perform conditions
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### sec.213 Obligation to perform conditions
A lessee, licensee or permittee must perform all of the conditions of the person’s tenure, to the satisfaction of the designated officer for the type of tenure.
If the lessee, licensee or permittee does not comply with subsection (1) the tenure may be cancelled or forfeited.
However, if the tenure is a lease, subsection (2) does not apply to a failure to comply with a land management agreement for the lease.
A breach of a condition of a lease that the lessee comply with a land management agreement for the lease may be dealt with by a remedial action notice.
To remove any doubt, it is declared that if no action is taken on a breach of condition of the tenure, it is not a waiver of, authorisation of or excuse for the breach.
In this section—
conditions , of a tenure, means all of its mandatory conditions, imposed conditions and regulated conditions.
tenure means—
for a lessee—the lessee’s lease; or
for a licensee—the licensee’s licence; or
for a permittee—the permittee’s permit.
s 213 sub 2007 No. 19 s 113
amd 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 29 s 71
(sec.213-ssec.1) A lessee, licensee or permittee must perform all of the conditions of the person’s tenure, to the satisfaction of the designated officer for the type of tenure.
(sec.213-ssec.2) If the lessee, licensee or permittee does not comply with subsection (1) the tenure may be cancelled or forfeited.
(sec.213-ssec.3) However, if the tenure is a lease, subsection (2) does not apply to a failure to comply with a land management agreement for the lease. A breach of a condition of a lease that the lessee comply with a land management agreement for the lease may be dealt with by a remedial action notice.
(sec.213-ssec.4) To remove any doubt, it is declared that if no action is taken on a breach of condition of the tenure, it is not a waiver of, authorisation of or excuse for the breach.
(sec.213-ssec.5) In this section— conditions , of a tenure, means all of its mandatory conditions, imposed conditions and regulated conditions. tenure means— for a lessee—the lessee’s lease; or for a licensee—the licensee’s licence; or for a permittee—the permittee’s permit.
- (a) for a lessee—the lessee’s lease; or
- (b) for a licensee—the licensee’s licence; or
- (c) for a permittee—the permittee’s permit.