QLDIn ForceAct
Land Act 1994
sec.332Requirements for subleases
Start here
Get a plain-English read of sec.332
Turn the raw legal text into a practical explanation grounded in Land Act 1994.
### sec.332 Requirements for subleases
A lease issued under this Act may be subleased only—
if—
the Minister has given written approval to the sublease; or
the lessee holds a general authority to sublease; and
to a person who is eligible to hold the sublease under this Act.
A sublease may be subject to a prescribed term. See chapter 5A .
An application for the Minister’s approval—
may be made by a lessee or sublessee even though subsection (1) (a) (ii) applies to the lessee; and
must be accompanied by a copy of the proposed sublease.
The Minister must consider the application and—
if the Minister is satisfied the subleasing would be inconsistent with the purpose of the lease—must refuse to approve the application; or
otherwise—may—
approve the application, with or without conditions; or
refuse to approve the application.
The subleasing would be inappropriate having regard to the purpose and conditions of the lease.
If the Minister refuses to approve the application, the Minister must give the lessee a written notice of the decision that includes a statement of the reasons for the decision.
The approval lapses unless the sublease is lodged in the land registry within 6 months after the approval was granted.
The Minister may extend the time mentioned in subsection (5) .
The lessee may appeal against the Minister’s decision.
s 332 amd 2007 No. 19 s 162 ; 2013 No. 23 ss 97 , 352 sch 1 pt 1 ; 2019 No. 17 s 161
(sec.332-ssec.1) A lease issued under this Act may be subleased only— if— the Minister has given written approval to the sublease; or the lessee holds a general authority to sublease; and to a person who is eligible to hold the sublease under this Act. A sublease may be subject to a prescribed term. See chapter 5A .
(sec.332-ssec.2) An application for the Minister’s approval— may be made by a lessee or sublessee even though subsection (1) (a) (ii) applies to the lessee; and must be accompanied by a copy of the proposed sublease.
(sec.332-ssec.3) The Minister must consider the application and— if the Minister is satisfied the subleasing would be inconsistent with the purpose of the lease—must refuse to approve the application; or otherwise—may— approve the application, with or without conditions; or refuse to approve the application. The subleasing would be inappropriate having regard to the purpose and conditions of the lease.
(sec.332-ssec.4) If the Minister refuses to approve the application, the Minister must give the lessee a written notice of the decision that includes a statement of the reasons for the decision.
(sec.332-ssec.5) The approval lapses unless the sublease is lodged in the land registry within 6 months after the approval was granted.
(sec.332-ssec.6) The Minister may extend the time mentioned in subsection (5) .
(sec.332-ssec.7) The lessee may appeal against the Minister’s decision.
- (a) if— (i) the Minister has given written approval to the sublease; or (ii) the lessee holds a general authority to sublease; and
- (i) the Minister has given written approval to the sublease; or
- (ii) the lessee holds a general authority to sublease; and
- (b) to a person who is eligible to hold the sublease under this Act.
- (i) the Minister has given written approval to the sublease; or
- (ii) the lessee holds a general authority to sublease; and
- (a) may be made by a lessee or sublessee even though subsection (1) (a) (ii) applies to the lessee; and
- (b) must be accompanied by a copy of the proposed sublease.
- (a) if the Minister is satisfied the subleasing would be inconsistent with the purpose of the lease—must refuse to approve the application; or
- (b) otherwise—may— (i) approve the application, with or without conditions; or (ii) refuse to approve the application. Example of why the Minister may refuse to approve the application— The subleasing would be inappropriate having regard to the purpose and conditions of the lease.
- (i) approve the application, with or without conditions; or
- (ii) refuse to approve the application. Example of why the Minister may refuse to approve the application— The subleasing would be inappropriate having regard to the purpose and conditions of the lease.
- (i) approve the application, with or without conditions; or
- (ii) refuse to approve the application. Example of why the Minister may refuse to approve the application— The subleasing would be inappropriate having regard to the purpose and conditions of the lease.