QLDIn ForceAct
Land Act 1994
sec.239Designated person’s options
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### sec.239 Designated person’s options
This section applies—
if the court decides the lease may be forfeited under section 238 ; or
for a lease that may be forfeited under section 234 (e) .
The designated person may—
forfeit the lease; or
decide not to forfeit the lease, but instead to—
allow the lease to continue but subject to the conditions the designated person considers appropriate; or
allow the lessee to convert the lease to a lease of a lesser tenure, for the same or a lesser area, and subject to the conditions the designated person considers appropriate; or
allow the lessee to sell the lease within a time decided by the designated person; or
allow any mortgagee, any relevant local government or the chief executive to sell the lease under this part.
A mortgagee of a term or a perpetual lease may appeal against a decision under subsection (2) (b) (iv) to allow an entity other than the mortgagee to sell the lease.
A relevant local government of a term or a perpetual lease may appeal against a decision under subsection (2) (b) (iv) to allow an entity other than the relevant local government to sell the lease.
s 239 amd 2007 No. 19 s 121 ; 2010 No. 12 s 128 ; 2019 No. 7 s 313 sch 1 pt 1
(sec.239-ssec.1) This section applies— if the court decides the lease may be forfeited under section 238 ; or for a lease that may be forfeited under section 234 (e) .
(sec.239-ssec.2) The designated person may— forfeit the lease; or decide not to forfeit the lease, but instead to— allow the lease to continue but subject to the conditions the designated person considers appropriate; or allow the lessee to convert the lease to a lease of a lesser tenure, for the same or a lesser area, and subject to the conditions the designated person considers appropriate; or allow the lessee to sell the lease within a time decided by the designated person; or allow any mortgagee, any relevant local government or the chief executive to sell the lease under this part.
(sec.239-ssec.3) A mortgagee of a term or a perpetual lease may appeal against a decision under subsection (2) (b) (iv) to allow an entity other than the mortgagee to sell the lease.
(sec.239-ssec.4) A relevant local government of a term or a perpetual lease may appeal against a decision under subsection (2) (b) (iv) to allow an entity other than the relevant local government to sell the lease.
- (a) if the court decides the lease may be forfeited under section 238 ; or
- (b) for a lease that may be forfeited under section 234 (e) .
- (a) forfeit the lease; or
- (b) decide not to forfeit the lease, but instead to— (i) allow the lease to continue but subject to the conditions the designated person considers appropriate; or (ii) allow the lessee to convert the lease to a lease of a lesser tenure, for the same or a lesser area, and subject to the conditions the designated person considers appropriate; or (iii) allow the lessee to sell the lease within a time decided by the designated person; or (iv) allow any mortgagee, any relevant local government or the chief executive to sell the lease under this part.
- (i) allow the lease to continue but subject to the conditions the designated person considers appropriate; or
- (ii) allow the lessee to convert the lease to a lease of a lesser tenure, for the same or a lesser area, and subject to the conditions the designated person considers appropriate; or
- (iii) allow the lessee to sell the lease within a time decided by the designated person; or
- (iv) allow any mortgagee, any relevant local government or the chief executive to sell the lease under this part.
- (i) allow the lease to continue but subject to the conditions the designated person considers appropriate; or
- (ii) allow the lessee to convert the lease to a lease of a lesser tenure, for the same or a lesser area, and subject to the conditions the designated person considers appropriate; or
- (iii) allow the lessee to sell the lease within a time decided by the designated person; or
- (iv) allow any mortgagee, any relevant local government or the chief executive to sell the lease under this part.