Preliminary

sec.1 Short title

This regulation may be cited as the Land Regulation 2020 .

sec.2 Commencement

This regulation commences on 1 July 2020.

sec.3 Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

sec.3A Rounding of particular amounts expressed as numbers of fee units

This section applies for working out the amount of a fee or other matter expressed in section 33 , 34 or 36 as a number of fee units. For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards). Section 34 (1) of this regulation provides for a minimum rent of 277 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 277 would be $281.155. After rounding, the amount of the minimum rent would be $281. s 3A ins 2022 SL No. 47 s 13 (sec.3A-ssec.1) This section applies for working out the amount of a fee or other matter expressed in section 33 , 34 or 36 as a number of fee units. (sec.3A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards). Section 34 (1) of this regulation provides for a minimum rent of 277 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 277 would be $281.155. After rounding, the amount of the minimum rent would be $281.

Reserves and deeds of grant in trust

Adoption of model by-laws by trustee

sec.4 Way of adopting model by-law— Act , s 56

For section 56 (7) of the Act , subsections (2) to (4) prescribe the way for a trustee to adopt a model by-law for trust land. The trustee must decide to adopt the model by-law. As soon as practicable after deciding to adopt the model by-law, the trustee must— give notice of the decision (a public notice ) by publishing the notice in a way the trustee considers is reasonably likely to come to the attention of members of the public who are likely to use the trust land; and displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access publishing the notice on the trustee’s website publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated notify the chief executive. The public notice must state the following matters— the name of the trustee; the property description of the trust land; the name of the model by-law; the purposes and general effect of the model by-law; where the model by-law may be inspected; the day the notice is first published under subsection (3) (a) ; if the model by-law is to be adopted on a day later than the day mentioned in paragraph (f) —the later day. The adoption of the model by-law has effect on— the day the public notice is first published under subsection (3) (a) ; or if the public notice states a later day under subsection (4) (g) —the later day. While the adoption of the model by-law has effect, the trustee must keep a copy of the public notice available for inspection, free of charge, by members of the public on request. (sec.4-ssec.1) For section 56 (7) of the Act , subsections (2) to (4) prescribe the way for a trustee to adopt a model by-law for trust land. (sec.4-ssec.2) The trustee must decide to adopt the model by-law. (sec.4-ssec.3) As soon as practicable after deciding to adopt the model by-law, the trustee must— give notice of the decision (a public notice ) by publishing the notice in a way the trustee considers is reasonably likely to come to the attention of members of the public who are likely to use the trust land; and displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access publishing the notice on the trustee’s website publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated notify the chief executive. (sec.4-ssec.4) The public notice must state the following matters— the name of the trustee; the property description of the trust land; the name of the model by-law; the purposes and general effect of the model by-law; where the model by-law may be inspected; the day the notice is first published under subsection (3) (a) ; if the model by-law is to be adopted on a day later than the day mentioned in paragraph (f) —the later day. (sec.4-ssec.5) The adoption of the model by-law has effect on— the day the public notice is first published under subsection (3) (a) ; or if the public notice states a later day under subsection (4) (g) —the later day. (sec.4-ssec.6) While the adoption of the model by-law has effect, the trustee must keep a copy of the public notice available for inspection, free of charge, by members of the public on request.

• (a) give notice of the decision (a public notice ) by publishing the notice in a way the trustee considers is reasonably likely to come to the attention of members of the public who are likely to use the trust land; and Examples of ways a public notice may be given for paragraph (a) — • displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access • publishing the notice on the trustee’s website • publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated
• • displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access
• • publishing the notice on the trustee’s website
• • publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated
• (b) notify the chief executive.
• • displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access
• • publishing the notice on the trustee’s website
• • publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated
• (a) the name of the trustee;
• (b) the property description of the trust land;
• (c) the name of the model by-law;
• (d) the purposes and general effect of the model by-law;
• (e) where the model by-law may be inspected;
• (f) the day the notice is first published under subsection (3) (a) ;
• (g) if the model by-law is to be adopted on a day later than the day mentioned in paragraph (f) —the later day.
• (a) the day the public notice is first published under subsection (3) (a) ; or
• (b) if the public notice states a later day under subsection (4) (g) —the later day.

Trustee leases and trustee permits

sec.5 Requirements for trustee permit— Act , s 60

For section 60 (2) (b) of the Act , this section prescribes the requirements for a trustee permit for the use of the permit land. The trustee permit— must not be issued for a part of the trust land that is subject to a trustee lease; and if a management plan for the trust land has been approved under section 48 of the Act —must be consistent with the management plan; and must state the permittee’s permitted use of the permit land; and must not allow the construction of an improvement on the permit land, including the boundary of the land; and must not give a right— to renew the permit; or to be given a more secure tenure over the permit land; and must not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the permit land; and must state any special conditions to which the permit is subject; and must provide for the trustee or the Minister to give the permittee at least 28 days notice of the trustee’s or Minister’s intention to cancel the permit; and must state a process for resolving disputes under the permit. Subsection (2) (d) does not prevent or limit the trustee permit providing for the permittee to— construct a fence on the boundary of the permit land; or use, maintain or modify an improvement that was on the permit land when the permit was issued. s 5 amd 2023 Act No. 2 s 108 sch 1 (sec.5-ssec.1) For section 60 (2) (b) of the Act , this section prescribes the requirements for a trustee permit for the use of the permit land. (sec.5-ssec.2) The trustee permit— must not be issued for a part of the trust land that is subject to a trustee lease; and if a management plan for the trust land has been approved under section 48 of the Act —must be consistent with the management plan; and must state the permittee’s permitted use of the permit land; and must not allow the construction of an improvement on the permit land, including the boundary of the land; and must not give a right— to renew the permit; or to be given a more secure tenure over the permit land; and must not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the permit land; and must state any special conditions to which the permit is subject; and must provide for the trustee or the Minister to give the permittee at least 28 days notice of the trustee’s or Minister’s intention to cancel the permit; and must state a process for resolving disputes under the permit. (sec.5-ssec.3) Subsection (2) (d) does not prevent or limit the trustee permit providing for the permittee to— construct a fence on the boundary of the permit land; or use, maintain or modify an improvement that was on the permit land when the permit was issued.

• (a) must not be issued for a part of the trust land that is subject to a trustee lease; and
• (b) if a management plan for the trust land has been approved under section 48 of the Act —must be consistent with the management plan; and
• (c) must state the permittee’s permitted use of the permit land; and
• (d) must not allow the construction of an improvement on the permit land, including the boundary of the land; and
• (e) must not give a right— (i) to renew the permit; or (ii) to be given a more secure tenure over the permit land; and
• (i) to renew the permit; or
• (ii) to be given a more secure tenure over the permit land; and
• (f) must not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the permit land; and
• (g) must state any special conditions to which the permit is subject; and
• (h) must provide for the trustee or the Minister to give the permittee at least 28 days notice of the trustee’s or Minister’s intention to cancel the permit; and
• (i) must state a process for resolving disputes under the permit.
• (i) to renew the permit; or
• (ii) to be given a more secure tenure over the permit land; and
• (a) construct a fence on the boundary of the permit land; or
• (b) use, maintain or modify an improvement that was on the permit land when the permit was issued.

sec.6 Statutory body to which rent expenditure limitation does not apply— Act , s 63

For section 63 (4) (b) of the Act , a port authority is prescribed.

sec.7 Requirements for relevant lease— Act , s 64

For section 64 (2) (b) of the Act , this section prescribes the requirements for a relevant lease of trust land issued by a relevant person. The relevant lease must state— a number identifying the written authority mentioned in section 64 (1) of the Act given to the relevant person; and if the relevant person consists of 2 or more persons— whether the persons hold the relevant lease as joint tenants or tenants in common; and if the persons hold the relevant lease as tenants in common—the share held by each person; and the name of each party to the relevant lease; and the lot on plan description of the trust land subject to the relevant lease; and if the relevant lease relates to only part of the trust land—the location of the land subject to the relevant lease in relation to the rest of the trust land; and the term of the relevant lease; and when the term of the relevant lease starts; and any special conditions to which the relevant lease is subject; and a process for resolving disputes under the relevant lease. In this section— relevant lease see section 64 (6) of the Act . relevant person see section 64 (6) of the Act . s 7 amd 2024 Act No. 12 s 75 (sec.7-ssec.1) For section 64 (2) (b) of the Act , this section prescribes the requirements for a relevant lease of trust land issued by a relevant person. (sec.7-ssec.2) The relevant lease must state— a number identifying the written authority mentioned in section 64 (1) of the Act given to the relevant person; and if the relevant person consists of 2 or more persons— whether the persons hold the relevant lease as joint tenants or tenants in common; and if the persons hold the relevant lease as tenants in common—the share held by each person; and the name of each party to the relevant lease; and the lot on plan description of the trust land subject to the relevant lease; and if the relevant lease relates to only part of the trust land—the location of the land subject to the relevant lease in relation to the rest of the trust land; and the term of the relevant lease; and when the term of the relevant lease starts; and any special conditions to which the relevant lease is subject; and a process for resolving disputes under the relevant lease. (sec.7-ssec.3) In this section— relevant lease see section 64 (6) of the Act . relevant person see section 64 (6) of the Act .

• (a) a number identifying the written authority mentioned in section 64 (1) of the Act given to the relevant person; and
• (b) if the relevant person consists of 2 or more persons— (i) whether the persons hold the relevant lease as joint tenants or tenants in common; and (ii) if the persons hold the relevant lease as tenants in common—the share held by each person; and
• (i) whether the persons hold the relevant lease as joint tenants or tenants in common; and
• (ii) if the persons hold the relevant lease as tenants in common—the share held by each person; and
• (c) the name of each party to the relevant lease; and
• (d) the lot on plan description of the trust land subject to the relevant lease; and
• (e) if the relevant lease relates to only part of the trust land—the location of the land subject to the relevant lease in relation to the rest of the trust land; and
• (f) the term of the relevant lease; and
• (g) when the term of the relevant lease starts; and
• (h) any special conditions to which the relevant lease is subject; and
• (i) a process for resolving disputes under the relevant lease.
• (i) whether the persons hold the relevant lease as joint tenants or tenants in common; and
• (ii) if the persons hold the relevant lease as tenants in common—the share held by each person; and

Other matters

sec.8 Minimum amount of yearly income for trustee’s accounting functions— Act , s 47

For section 47 (3) of the Act , the amount prescribed is $5,000.

Matters affecting land holdings

Purchase price and valuations for particular purposes

sec.9 Deciding purchase price for particular purposes— Act , ss 109C , 122 , 123A and 170

This section prescribes— for section 109C (4) of the Act , the way the Minister must decide the purchase price for a closed road for amalgamation with adjoining land; and for section 122 (3) of the Act , the way the Minister must decide the purchase price for granting unallocated State land under section 122 (2) (b) of the Act ; and For the purchase price for granting unallocated State land under section 122 (1) or (2) (a) of the Act , see section 18 . for section 123A (3) (b) of the Act , the way the Minister must decide the purchase price for land granted under section 123A (2) of the Act ; and for section 170 (1) of the Act , the way the chief executive must, for converting a lease, decide the purchase price for land granted or leased in relation to a conversion offer. The purchase price for the land is an amount equal to the total of— the value of the land under subsection (3) ; and for a forest entitlement area on which there is commercial timber being bought by the lessee or registered owner—the value of the commercial timber worked out under section 14 ; and for land, other than land mentioned in paragraph (b) , on which there is commercial timber—the value of the commercial timber worked out under section 15 ; and for land to be amalgamated, under section 109 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 ; and for land to be amalgamated, by way of a deed of grant under section 122 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 . For subsection (2) (a) , the value of the land is— for land that is lease land subject to a category 11.1 or 11.2 lease—the net present value of the land worked out under section 10 ; or for other land—the unimproved value of the land, as if it were fee simple, worked out under section 13 . s 9 amd 2023 Act No. 2 s 41 ; 2024 Act No. 12 s 76 (sec.9-ssec.1) This section prescribes— for section 109C (4) of the Act , the way the Minister must decide the purchase price for a closed road for amalgamation with adjoining land; and for section 122 (3) of the Act , the way the Minister must decide the purchase price for granting unallocated State land under section 122 (2) (b) of the Act ; and For the purchase price for granting unallocated State land under section 122 (1) or (2) (a) of the Act , see section 18 . for section 123A (3) (b) of the Act , the way the Minister must decide the purchase price for land granted under section 123A (2) of the Act ; and for section 170 (1) of the Act , the way the chief executive must, for converting a lease, decide the purchase price for land granted or leased in relation to a conversion offer. (sec.9-ssec.2) The purchase price for the land is an amount equal to the total of— the value of the land under subsection (3) ; and for a forest entitlement area on which there is commercial timber being bought by the lessee or registered owner—the value of the commercial timber worked out under section 14 ; and for land, other than land mentioned in paragraph (b) , on which there is commercial timber—the value of the commercial timber worked out under section 15 ; and for land to be amalgamated, under section 109 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 ; and for land to be amalgamated, by way of a deed of grant under section 122 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 . (sec.9-ssec.3) For subsection (2) (a) , the value of the land is— for land that is lease land subject to a category 11.1 or 11.2 lease—the net present value of the land worked out under section 10 ; or for other land—the unimproved value of the land, as if it were fee simple, worked out under section 13 .

• (a) for section 109C (4) of the Act , the way the Minister must decide the purchase price for a closed road for amalgamation with adjoining land; and
• (b) for section 122 (3) of the Act , the way the Minister must decide the purchase price for granting unallocated State land under section 122 (2) (b) of the Act ; and Note— For the purchase price for granting unallocated State land under section 122 (1) or (2) (a) of the Act , see section 18 .
• (c) for section 123A (3) (b) of the Act , the way the Minister must decide the purchase price for land granted under section 123A (2) of the Act ; and
• (d) for section 170 (1) of the Act , the way the chief executive must, for converting a lease, decide the purchase price for land granted or leased in relation to a conversion offer.
• (a) the value of the land under subsection (3) ; and
• (b) for a forest entitlement area on which there is commercial timber being bought by the lessee or registered owner—the value of the commercial timber worked out under section 14 ; and
• (c) for land, other than land mentioned in paragraph (b) , on which there is commercial timber—the value of the commercial timber worked out under section 15 ; and
• (d) for land to be amalgamated, under section 109 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 ; and
• (e) for land to be amalgamated, by way of a deed of grant under section 122 (2) (b) of the Act , with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16 .
• (a) for land that is lease land subject to a category 11.1 or 11.2 lease—the net present value of the land worked out under section 10 ; or
• (b) for other land—the unimproved value of the land, as if it were fee simple, worked out under section 13 .

sec.10 Net present value

For section 9 (3) (a) , the net present value of land is the amount worked out using the following formula— where— A is the annual rent for the lease of the land worked out by multiplying the unimproved value of the lease land by the percentage rate for the lease as stated in section 35 . i is .0975. g is .025. For land the subject of a conversion offer, the net present value must be worked out as at— if the offer is made under section 165B of the Act —the day stated in the offer; or if the offer is made in relation to a conversion application—the day the chief executive received the application. For subsection (2) (a) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer. s 10 amd 2021 SL No. 48 s 16 ; 2022 SL No. 84 s 4 ; 2023 Act No. 2 s 42 ; 2025 SL No. 58 s 4 (sec.10-ssec.1) For section 9 (3) (a) , the net present value of land is the amount worked out using the following formula— where— A is the annual rent for the lease of the land worked out by multiplying the unimproved value of the lease land by the percentage rate for the lease as stated in section 35 . i is .0975. g is .025. (sec.10-ssec.2) For land the subject of a conversion offer, the net present value must be worked out as at— if the offer is made under section 165B of the Act —the day stated in the offer; or if the offer is made in relation to a conversion application—the day the chief executive received the application. (sec.10-ssec.3) For subsection (2) (a) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer.

• (a) if the offer is made under section 165B of the Act —the day stated in the offer; or
• (b) if the offer is made in relation to a conversion application—the day the chief executive received the application.

sec.11 Deciding purchase price for land in operational reserve or operational deed of grant in trust— Act , ss 34L and 43D

For sections 34L (4) and 43D (4) of the Act , this section prescribes the way the Minister must decide the purchase price for land in an operational reserve or operational deed of grant in trust. The purchase price of the land is— the unimproved value of the land, as if it were fee simple, worked out under section 13 ; or if the trustee of the land is a constructing authority and the Minister considers it appropriate, having regard to the object of the Act , to decide the purchase price of the land other than under paragraph (a) —another amount the Minister considers is appropriate. s 11 amd 2024 Act No. 12 s 77 (sec.11-ssec.1) For sections 34L (4) and 43D (4) of the Act , this section prescribes the way the Minister must decide the purchase price for land in an operational reserve or operational deed of grant in trust. (sec.11-ssec.2) The purchase price of the land is— the unimproved value of the land, as if it were fee simple, worked out under section 13 ; or if the trustee of the land is a constructing authority and the Minister considers it appropriate, having regard to the object of the Act , to decide the purchase price of the land other than under paragraph (a) —another amount the Minister considers is appropriate.

• (a) the unimproved value of the land, as if it were fee simple, worked out under section 13 ; or
• (b) if the trustee of the land is a constructing authority and the Minister considers it appropriate, having regard to the object of the Act , to decide the purchase price of the land other than under paragraph (a) —another amount the Minister considers is appropriate.

sec.12 Deciding unimproved value of particular land— Act , ss 25 , 69 and 127

For sections 25 (1) , 69 (1) and 127 (6) (b) of the Act , the Minister must decide the unimproved value of land in the way provided for under section 13 . s 12 amd 2023 Act No. 2 s 108 sch 1 ; 2024 Act No. 12 s 78

sec.13 Working out unimproved value of land

The unimproved value of land is— for land subject to a category 11.1 or 11.2 lease—the rental valuation of the land; or for other land—the amount that an estate in fee simple in the land in an unimproved state would be worth if— after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and the buyer and seller had acted knowledgeably, prudently and without compulsion. Also, the unimproved value of land includes the value of any improvements and development work made by the State to the land, and for which the State has not been paid, before the tenure started or the deed of grant for the land was issued. However, the unimproved value of land does not include the value of any commercial timber on the land. For deciding the purchase price for land granted or leased in relation to a conversion offer, the unimproved value of the land is the unimproved value as at— if the offer is made under section 165B of the Act —the day stated in the offer; or if the offer is made in relation to a conversion application—the day the chief executive received the application. For deciding the purchase of price of land in an operational reserve or an operational deed of grant in trust, the unimproved value of the land is— in relation to a request made under section 34J (1) or 43B (1) of the Act —the unimproved value as at the day the chief executive receives the request; or in relation to an offer made under section 34K (1) or 43C (1) of the Act —the unimproved value as at the day stated in the offer. For subsections (4) (a) and (5) (b) , the day stated in the offer— may be earlier than the day the offer is made; but may not be earlier than 4 months before the day the offer is made. To remove any doubt, it is declared that the Land Valuation Act 2010 does not apply for deciding the unimproved value of land under this section. s 13 amd 2023 Act No. 2 s 43 ; 2024 Act No. 12 s 79 (sec.13-ssec.1) The unimproved value of land is— for land subject to a category 11.1 or 11.2 lease—the rental valuation of the land; or for other land—the amount that an estate in fee simple in the land in an unimproved state would be worth if— after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and the buyer and seller had acted knowledgeably, prudently and without compulsion. (sec.13-ssec.2) Also, the unimproved value of land includes the value of any improvements and development work made by the State to the land, and for which the State has not been paid, before the tenure started or the deed of grant for the land was issued. (sec.13-ssec.3) However, the unimproved value of land does not include the value of any commercial timber on the land. (sec.13-ssec.4) For deciding the purchase price for land granted or leased in relation to a conversion offer, the unimproved value of the land is the unimproved value as at— if the offer is made under section 165B of the Act —the day stated in the offer; or if the offer is made in relation to a conversion application—the day the chief executive received the application. (sec.13-ssec.5) For deciding the purchase of price of land in an operational reserve or an operational deed of grant in trust, the unimproved value of the land is— in relation to a request made under section 34J (1) or 43B (1) of the Act —the unimproved value as at the day the chief executive receives the request; or in relation to an offer made under section 34K (1) or 43C (1) of the Act —the unimproved value as at the day stated in the offer. (sec.13-ssec.6) For subsections (4) (a) and (5) (b) , the day stated in the offer— may be earlier than the day the offer is made; but may not be earlier than 4 months before the day the offer is made. (sec.13-ssec.7) To remove any doubt, it is declared that the Land Valuation Act 2010 does not apply for deciding the unimproved value of land under this section.

• (a) for land subject to a category 11.1 or 11.2 lease—the rental valuation of the land; or
• (b) for other land—the amount that an estate in fee simple in the land in an unimproved state would be worth if— (i) after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and (ii) the buyer and seller had acted knowledgeably, prudently and without compulsion.
• (i) after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and
• (ii) the buyer and seller had acted knowledgeably, prudently and without compulsion.
• (i) after proper marketing, there were an exchange between a willing buyer and a willing seller in an arms-length transaction; and
• (ii) the buyer and seller had acted knowledgeably, prudently and without compulsion.
• (a) if the offer is made under section 165B of the Act —the day stated in the offer; or
• (b) if the offer is made in relation to a conversion application—the day the chief executive received the application.
• (a) in relation to a request made under section 34J (1) or 43B (1) of the Act —the unimproved value as at the day the chief executive receives the request; or
• (b) in relation to an offer made under section 34K (1) or 43C (1) of the Act —the unimproved value as at the day stated in the offer.
• (a) may be earlier than the day the offer is made; but
• (b) may not be earlier than 4 months before the day the offer is made.

sec.14 Value of commercial timber on particular forest entitlement area— Act , s 26B

For section 26B (6) of the Act , this section prescribes the way the value of the commercial timber on a forest entitlement area must be decided by the Minister. The value of the commercial timber is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates. (sec.14-ssec.1) For section 26B (6) of the Act , this section prescribes the way the value of the commercial timber on a forest entitlement area must be decided by the Minister. (sec.14-ssec.2) The value of the commercial timber is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates.

sec.15 Value of commercial timber—other land

This section does not apply in relation to the lessee or registered owner of land buying a forest entitlement area in the land under section 24 of the Act . The value of commercial timber on land is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates, worked out as at the day provided for under subsection (3) . The market value of the commercial timber must be worked out— if an appeal about the value of the timber has not been made—as at— if a conversion offer is made under section 165B of the Act —the day stated in the offer; or if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or if an appeal about the value of the timber has been made—as at the day the appeal is decided; or if a person has applied to buy the timber—as at the day the person applied; or if the Minister made an offer to sell the timber before the day mentioned in paragraph (c) —as at the day the offer was made. For subsection (3) (a) (i) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer. s 15 amd 2023 Act No. 2 s 44 (sec.15-ssec.1) This section does not apply in relation to the lessee or registered owner of land buying a forest entitlement area in the land under section 24 of the Act . (sec.15-ssec.2) The value of commercial timber on land is the market value of any of the timber that is the property of the State, other than timber that is a forest product to which a forest consent agreement relates, worked out as at the day provided for under subsection (3) . (sec.15-ssec.3) The market value of the commercial timber must be worked out— if an appeal about the value of the timber has not been made—as at— if a conversion offer is made under section 165B of the Act —the day stated in the offer; or if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or if an appeal about the value of the timber has been made—as at the day the appeal is decided; or if a person has applied to buy the timber—as at the day the person applied; or if the Minister made an offer to sell the timber before the day mentioned in paragraph (c) —as at the day the offer was made. (sec.15-ssec.4) For subsection (3) (a) (i) , the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer.

• (a) if an appeal about the value of the timber has not been made—as at— (i) if a conversion offer is made under section 165B of the Act —the day stated in the offer; or (ii) if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or
• (i) if a conversion offer is made under section 165B of the Act —the day stated in the offer; or
• (ii) if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or
• (b) if an appeal about the value of the timber has been made—as at the day the appeal is decided; or
• (c) if a person has applied to buy the timber—as at the day the person applied; or
• (d) if the Minister made an offer to sell the timber before the day mentioned in paragraph (c) —as at the day the offer was made.
• (i) if a conversion offer is made under section 165B of the Act —the day stated in the offer; or
• (ii) if a conversion offer is made in relation to a conversion application—the day the chief executive received the application; or

sec.16 Value of quarry material

The value of quarry material in land is the market value of any of the quarry material that is the property of the State and could be taken for commercial gain, worked out as at the day provided for under subsection (2) . The market value of the quarry material must be worked out— if the quarry material is in a road to be amalgamated under section 109 (2) (b) of the Act —as at the day the Minister makes the decision about the road under section 109 (1) of the Act ; or if the quarry material is in land to be amalgamated by way of a deed of grant under section 122 (2) (b) of the Act —as at the day the Minister makes the decision about the land mentioned in that section. s 16 amd 2024 Act No. 12 s 80 (sec.16-ssec.1) The value of quarry material in land is the market value of any of the quarry material that is the property of the State and could be taken for commercial gain, worked out as at the day provided for under subsection (2) . (sec.16-ssec.2) The market value of the quarry material must be worked out— if the quarry material is in a road to be amalgamated under section 109 (2) (b) of the Act —as at the day the Minister makes the decision about the road under section 109 (1) of the Act ; or if the quarry material is in land to be amalgamated by way of a deed of grant under section 122 (2) (b) of the Act —as at the day the Minister makes the decision about the land mentioned in that section.

• (a) if the quarry material is in a road to be amalgamated under section 109 (2) (b) of the Act —as at the day the Minister makes the decision about the road under section 109 (1) of the Act ; or
• (b) if the quarry material is in land to be amalgamated by way of a deed of grant under section 122 (2) (b) of the Act —as at the day the Minister makes the decision about the land mentioned in that section.

sec.17 Deciding cash premium for amalgamating closed road with particular lease land— Act , s 109C

For section 109C (4) of the Act , this section prescribes the way the Minister must decide the cash premium for leasing a closed road for amalgamation with adjoining land subject to a category 11.1, 11.2, 12.1, 12.2, 13, 14.2 or 16 lease. The amount of the cash premium is the amount equal to the minimum rent for the category of the lease for the adjoining lease land. (sec.17-ssec.1) For section 109C (4) of the Act , this section prescribes the way the Minister must decide the cash premium for leasing a closed road for amalgamation with adjoining land subject to a category 11.1, 11.2, 12.1, 12.2, 13, 14.2 or 16 lease. (sec.17-ssec.2) The amount of the cash premium is the amount equal to the minimum rent for the category of the lease for the adjoining lease land.

sec.18 Deciding purchase price for particular grants of unallocated State land— Act , s 122

For section 122 (3) of the Act , this section prescribes the way the Minister must decide the purchase price for granting unallocated State land to— the State or MEDQ under section 122 (1) of the Act ; or a constructing authority under section 122 (2) (a) of the Act . The Minister must decide the purchase price for the land in the way the Minister considers appropriate. s 18 amd 2024 Act No. 12 s 81 (sec.18-ssec.1) For section 122 (3) of the Act , this section prescribes the way the Minister must decide the purchase price for granting unallocated State land to— the State or MEDQ under section 122 (1) of the Act ; or a constructing authority under section 122 (2) (a) of the Act . (sec.18-ssec.2) The Minister must decide the purchase price for the land in the way the Minister considers appropriate.

• (a) the State or MEDQ under section 122 (1) of the Act ; or
• (b) a constructing authority under section 122 (2) (a) of the Act .

sec.19 Appeal against decision on purchase price for conversion

This section applies if the chief executive— makes a conversion offer; and decides the purchase price for the conversion of the lease under section 170 (1) of the Act (the purchase price decision ). The lessee may appeal against the purchase price decision. For appealing against a decision, see chapter 7 , part 3 of the Act . However, if the purchase price decision relates to an offer of a deed of grant for land that is subject to a category 11.1 or 11.2 lease, the appeal must not relate to the rental valuation of the land subject to the lease. A rental valuation is decided by the valuer-general under the Land Valuation Act 2010 and is used to calculate the unimproved value of lease land for a purchase price under sections 10 (1) and 13 (1) (a) . The chief executive must ensure the notice of conditions of the offer given under section 168 (1) of the Act is accompanied by or includes an information notice about the purchase price decision. s 19 amd 2023 Act No. 2 s 45 (sec.19-ssec.1) This section applies if the chief executive— makes a conversion offer; and decides the purchase price for the conversion of the lease under section 170 (1) of the Act (the purchase price decision ). (sec.19-ssec.2) The lessee may appeal against the purchase price decision. For appealing against a decision, see chapter 7 , part 3 of the Act . (sec.19-ssec.3) However, if the purchase price decision relates to an offer of a deed of grant for land that is subject to a category 11.1 or 11.2 lease, the appeal must not relate to the rental valuation of the land subject to the lease. A rental valuation is decided by the valuer-general under the Land Valuation Act 2010 and is used to calculate the unimproved value of lease land for a purchase price under sections 10 (1) and 13 (1) (a) . (sec.19-ssec.4) The chief executive must ensure the notice of conditions of the offer given under section 168 (1) of the Act is accompanied by or includes an information notice about the purchase price decision.

• (a) makes a conversion offer; and
• (b) decides the purchase price for the conversion of the lease under section 170 (1) of the Act (the purchase price decision ).

Regulated conditions of tenures

sec.20 Regulated conditions of particular tenures— Act , s 212B

For section 212B (1) of the Act , each condition stated in schedule 1 is a condition of the following tenures— a lease, other than a trustee lease; a licence; a permit to occupy.

• (a) a lease, other than a trustee lease;
• (b) a licence;
• (c) a permit to occupy.

Rents and instalments

Periods for which rents are payable

sec.21 Rental period— Act , sch 6 , definition rental period

For schedule 6 of the Act , definition rental period , this section prescribes the rental period for a tenure. Subject to subsections (3) to (5) , the rental period for a tenure is 1 year starting on 1 July. If a tenure starts on a day other than 1 July, the first rental period for the tenure is the period starting on the day the tenure starts and ending on the next 30 June. If a tenure ends on a day other than 30 June, the last rental period for the tenure is the period starting on the last 1 July before the tenure ends and ending on the day the tenure ends. Subsections (2) to (4) do not prevent the rental period for a tenure, for which the annual rent is more than $2,000, from being divided into quarterly sub-periods starting on 1 July. (sec.21-ssec.1) For schedule 6 of the Act , definition rental period , this section prescribes the rental period for a tenure. (sec.21-ssec.2) Subject to subsections (3) to (5) , the rental period for a tenure is 1 year starting on 1 July. (sec.21-ssec.3) If a tenure starts on a day other than 1 July, the first rental period for the tenure is the period starting on the day the tenure starts and ending on the next 30 June. (sec.21-ssec.4) If a tenure ends on a day other than 30 June, the last rental period for the tenure is the period starting on the last 1 July before the tenure ends and ending on the day the tenure ends. (sec.21-ssec.5) Subsections (2) to (4) do not prevent the rental period for a tenure, for which the annual rent is more than $2,000, from being divided into quarterly sub-periods starting on 1 July.

Categorisation of tenures for rental purposes

sec.22 Rental categories of tenures— Act , sch 6 , definition rental category

For schedule 6 of the Act , definition rental category — the rental categories of tenures for rental purposes are the categories mentioned in subsection (2) ; and a tenure is categorised as a tenure of a category mentioned in subsection (2) if it meets the requirements for the category stated in subdivision 2 . The rental categories of tenures for rental purposes are as follows— category 11.1—primary production perpetual lease category 11.2—primary production other tenures category 12.1—residential tenures category 12.2—residential (permit to occupy for short term accommodation purpose) category 13—business and government core business tenures category 14.1—charities and small sporting or recreational clubs tenures category 14.2—large sporting or recreational clubs tenures category 15.1—communication sites (community service activities) tenures category 15.2—communication sites (limited commercial service activities—rural) tenures category 15.3—communication sites (limited commercial service activities—urban) tenures category 15.4—communication sites (non-community service activities—rural) tenures category 15.5—communication sites (non-community service activities—urban) tenures category 16—divestment tenures. (sec.22-ssec.1) For schedule 6 of the Act , definition rental category — the rental categories of tenures for rental purposes are the categories mentioned in subsection (2) ; and a tenure is categorised as a tenure of a category mentioned in subsection (2) if it meets the requirements for the category stated in subdivision 2 . (sec.22-ssec.2) The rental categories of tenures for rental purposes are as follows— category 11.1—primary production perpetual lease category 11.2—primary production other tenures category 12.1—residential tenures category 12.2—residential (permit to occupy for short term accommodation purpose) category 13—business and government core business tenures category 14.1—charities and small sporting or recreational clubs tenures category 14.2—large sporting or recreational clubs tenures category 15.1—communication sites (community service activities) tenures category 15.2—communication sites (limited commercial service activities—rural) tenures category 15.3—communication sites (limited commercial service activities—urban) tenures category 15.4—communication sites (non-community service activities—rural) tenures category 15.5—communication sites (non-community service activities—urban) tenures category 16—divestment tenures.

• (a) the rental categories of tenures for rental purposes are the categories mentioned in subsection (2) ; and
• (b) a tenure is categorised as a tenure of a category mentioned in subsection (2) if it meets the requirements for the category stated in subdivision 2 .
• • category 11.1—primary production perpetual lease
• • category 11.2—primary production other tenures
• • category 12.1—residential tenures
• • category 12.2—residential (permit to occupy for short term accommodation purpose)
• • category 13—business and government core business tenures
• • category 14.1—charities and small sporting or recreational clubs tenures
• • category 14.2—large sporting or recreational clubs tenures
• • category 15.1—communication sites (community service activities) tenures
• • category 15.2—communication sites (limited commercial service activities—rural) tenures
• • category 15.3—communication sites (limited commercial service activities—urban) tenures
• • category 15.4—communication sites (non-community service activities—rural) tenures
• • category 15.5—communication sites (non-community service activities—urban) tenures
• • category 16—divestment tenures.

sec.23 References to category of tenure

A reference to a particular category of tenure by description is a reference to a tenure of the rental category with that description.

sec.24 Category 11.1 and 11.2 tenures

A lease is a category 11.1 tenure if it is a perpetual lease that is, or may be, used primarily for grazing or primary production. A tenure is a category 11.2 tenure if it is a term lease, licence or permit to occupy that is, or may be, used primarily for grazing or primary production. In this section— primary production includes— agriculture; and growing of coffee, sugarcane, tea, tobacco growing of flowers, fruit, vegetables and other horticultural products viticulture aquaculture, including oyster farming; and farming of cattle in feedlots; and farming of pigs and poultry. (sec.24-ssec.1) A lease is a category 11.1 tenure if it is a perpetual lease that is, or may be, used primarily for grazing or primary production. (sec.24-ssec.2) A tenure is a category 11.2 tenure if it is a term lease, licence or permit to occupy that is, or may be, used primarily for grazing or primary production. (sec.24-ssec.3) In this section— primary production includes— agriculture; and growing of coffee, sugarcane, tea, tobacco growing of flowers, fruit, vegetables and other horticultural products viticulture aquaculture, including oyster farming; and farming of cattle in feedlots; and farming of pigs and poultry.

• (a) agriculture; and Examples— • growing of coffee, sugarcane, tea, tobacco • growing of flowers, fruit, vegetables and other horticultural products • viticulture
• • growing of coffee, sugarcane, tea, tobacco
• • growing of flowers, fruit, vegetables and other horticultural products
• • viticulture
• (b) aquaculture, including oyster farming; and
• (c) farming of cattle in feedlots; and
• (d) farming of pigs and poultry.
• • growing of coffee, sugarcane, tea, tobacco
• • growing of flowers, fruit, vegetables and other horticultural products
• • viticulture

sec.25 Category 12.1 and 12.2 tenures

A tenure is a category 12.1 tenure if— under its conditions— the tenure is, or may be, used primarily for a single dwelling house; or the tenure is, or may be, used solely for a private purpose; and storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use cultivating a garden or lawn for the tenure holder’s private use the tenure does not meet the requirements for another rental category. A permit is a category 12.2 tenure if— it is a permit to occupy only; and under its conditions the permit is, or may be, used solely for a short-term accommodation purpose. staying at a fishing hut for a weekend or holiday period (sec.25-ssec.1) A tenure is a category 12.1 tenure if— under its conditions— the tenure is, or may be, used primarily for a single dwelling house; or the tenure is, or may be, used solely for a private purpose; and storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use cultivating a garden or lawn for the tenure holder’s private use the tenure does not meet the requirements for another rental category. (sec.25-ssec.2) A permit is a category 12.2 tenure if— it is a permit to occupy only; and under its conditions the permit is, or may be, used solely for a short-term accommodation purpose. staying at a fishing hut for a weekend or holiday period

• (a) under its conditions— (i) the tenure is, or may be, used primarily for a single dwelling house; or (ii) the tenure is, or may be, used solely for a private purpose; and Examples of a private purpose— • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use • cultivating a garden or lawn for the tenure holder’s private use
• (i) the tenure is, or may be, used primarily for a single dwelling house; or
• (ii) the tenure is, or may be, used solely for a private purpose; and Examples of a private purpose— • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use • cultivating a garden or lawn for the tenure holder’s private use
• • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use
• • cultivating a garden or lawn for the tenure holder’s private use
• (b) the tenure does not meet the requirements for another rental category.
• (i) the tenure is, or may be, used primarily for a single dwelling house; or
• (ii) the tenure is, or may be, used solely for a private purpose; and Examples of a private purpose— • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use • cultivating a garden or lawn for the tenure holder’s private use
• • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use
• • cultivating a garden or lawn for the tenure holder’s private use
• • storing a boat, equipment or motor vehicle, owned or leased by the tenure holder and for the holder’s private use
• • cultivating a garden or lawn for the tenure holder’s private use
• (a) it is a permit to occupy only; and
• (b) under its conditions the permit is, or may be, used solely for a short-term accommodation purpose. Example of a short-term accommodation purpose— staying at a fishing hut for a weekend or holiday period

sec.26 Category 13 tenure

A tenure is a category 13 tenure if— under its conditions the tenure is, or may be, used for a business, commercial or industrial purpose; and the tenure does not meet the requirements for another rental category. Also, a tenure is a category 13 tenure if— the tenure holder is a government leasing entity; and the use of the tenure is essential for carrying on the holder’s core business. operating hospitals, police stations, schools, offices and depots In this section— government company means a corporation, incorporated under the Corporations Law, for which all the stock or shares in the corporation’s capital is or are beneficially owned by the State. government leasing entity means— the State or the Commonwealth; or a Commonwealth or State authority, instrumentality or body corporate; or a government company; or a GOC; or a rail government entity; or a local government. (sec.26-ssec.1) A tenure is a category 13 tenure if— under its conditions the tenure is, or may be, used for a business, commercial or industrial purpose; and the tenure does not meet the requirements for another rental category. (sec.26-ssec.2) Also, a tenure is a category 13 tenure if— the tenure holder is a government leasing entity; and the use of the tenure is essential for carrying on the holder’s core business. operating hospitals, police stations, schools, offices and depots (sec.26-ssec.3) In this section— government company means a corporation, incorporated under the Corporations Law, for which all the stock or shares in the corporation’s capital is or are beneficially owned by the State. government leasing entity means— the State or the Commonwealth; or a Commonwealth or State authority, instrumentality or body corporate; or a government company; or a GOC; or a rail government entity; or a local government.

• (a) under its conditions the tenure is, or may be, used for a business, commercial or industrial purpose; and
• (b) the tenure does not meet the requirements for another rental category.
• (a) the tenure holder is a government leasing entity; and
• (b) the use of the tenure is essential for carrying on the holder’s core business. Examples of a tenure holder’s core business— operating hospitals, police stations, schools, offices and depots
• (a) the State or the Commonwealth; or
• (b) a Commonwealth or State authority, instrumentality or body corporate; or
• (c) a government company; or
• (d) a GOC; or
• (e) a rail government entity; or
• (f) a local government.

sec.27 Category 14.1 tenure

A tenure is a category 14.1 tenure if— the tenure holder is— a charitable organisation or non-commercial community service organisation; and an organisation whose constitution does not permit its profits to be distributed to its members; and under its conditions the tenure is, or may be, used for providing— services that are charitable in nature; or services aimed at improving community welfare or safety; and services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations the tenure does not meet the requirements for another rental category. Also, a tenure is a category 14.1 tenure if— under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and the tenure holder is a sporting or recreational organisation— with fewer than 2,000 members; and whose constitution does not permit its profits to be distributed to its members; and the tenure does not meet the requirements for another rental category. Further, a tenure is a category 14.1 tenure if— the tenure is held by the State or a local government for a non-commercial community service organisation; and the tenure is being used by the organisation for providing community services, other than on a commercial basis, aimed at improving community welfare or safety; and the tenure does not meet the requirements for another rental category. In this section— non-commercial community service organisation means an organisation that provides services to the community free of charge. a rural fire brigade, the SES (sec.27-ssec.1) A tenure is a category 14.1 tenure if— the tenure holder is— a charitable organisation or non-commercial community service organisation; and an organisation whose constitution does not permit its profits to be distributed to its members; and under its conditions the tenure is, or may be, used for providing— services that are charitable in nature; or services aimed at improving community welfare or safety; and services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations the tenure does not meet the requirements for another rental category. (sec.27-ssec.2) Also, a tenure is a category 14.1 tenure if— under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and the tenure holder is a sporting or recreational organisation— with fewer than 2,000 members; and whose constitution does not permit its profits to be distributed to its members; and the tenure does not meet the requirements for another rental category. (sec.27-ssec.3) Further, a tenure is a category 14.1 tenure if— the tenure is held by the State or a local government for a non-commercial community service organisation; and the tenure is being used by the organisation for providing community services, other than on a commercial basis, aimed at improving community welfare or safety; and the tenure does not meet the requirements for another rental category. (sec.27-ssec.4) In this section— non-commercial community service organisation means an organisation that provides services to the community free of charge. a rural fire brigade, the SES

• (a) the tenure holder is— (i) a charitable organisation or non-commercial community service organisation; and (ii) an organisation whose constitution does not permit its profits to be distributed to its members; and
• (i) a charitable organisation or non-commercial community service organisation; and
• (ii) an organisation whose constitution does not permit its profits to be distributed to its members; and
• (b) under its conditions the tenure is, or may be, used for providing— (i) services that are charitable in nature; or (ii) services aimed at improving community welfare or safety; and Examples of services for subparagraph (ii) — services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations
• (i) services that are charitable in nature; or
• (ii) services aimed at improving community welfare or safety; and Examples of services for subparagraph (ii) — services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations
• (c) the tenure does not meet the requirements for another rental category.
• (i) a charitable organisation or non-commercial community service organisation; and
• (ii) an organisation whose constitution does not permit its profits to be distributed to its members; and
• (i) services that are charitable in nature; or
• (ii) services aimed at improving community welfare or safety; and Examples of services for subparagraph (ii) — services provided by surf-lifesaving clubs, scouts and guides associations and volunteer emergency service organisations, including, for example, marine rescue and coast guard organisations
• (a) under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and
• (b) the tenure holder is a sporting or recreational organisation— (i) with fewer than 2,000 members; and (ii) whose constitution does not permit its profits to be distributed to its members; and
• (i) with fewer than 2,000 members; and
• (ii) whose constitution does not permit its profits to be distributed to its members; and
• (c) the tenure does not meet the requirements for another rental category.
• (i) with fewer than 2,000 members; and
• (ii) whose constitution does not permit its profits to be distributed to its members; and
• (a) the tenure is held by the State or a local government for a non-commercial community service organisation; and
• (b) the tenure is being used by the organisation for providing community services, other than on a commercial basis, aimed at improving community welfare or safety; and
• (c) the tenure does not meet the requirements for another rental category.

sec.28 Category 14.2 tenure

A tenure is a category 14.2 tenure if— under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and the tenure holder is a sporting or recreational organisation— with at least 2,000 members; and whose constitution does not permit its profits to be distributed to its members.

• (a) under its conditions the tenure is, or may be, used for a sporting or recreational purpose; and
• (b) the tenure holder is a sporting or recreational organisation— (i) with at least 2,000 members; and (ii) whose constitution does not permit its profits to be distributed to its members.
• (i) with at least 2,000 members; and
• (ii) whose constitution does not permit its profits to be distributed to its members.
• (i) with at least 2,000 members; and
• (ii) whose constitution does not permit its profits to be distributed to its members.

sec.29 Category 15.1, 15.2, 15.3, 15.4 and 15.5 tenures

A tenure may not be categorised as a tenure of a category mentioned in any of subsections (2) to (6) if the tenure is held by a carrier under the Telecommunications Act 1997 (Cwlth) for supplying a carriage service under that Act. A tenure is a category 15.1 tenure if the tenure is, or may be, used for providing an electronic communication service for carrying out a community service activity. A tenure is a category 15.2 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and the land subject to the tenure is in a rural area. A tenure is a category 15.3 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and the land subject to the tenure is in an urban area. A tenure is a category 15.4 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and the land subject to the tenure is in a rural area. A tenure is a category 15.5 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and the land subject to the tenure is in an urban area. In this section— commercial service means a service relating to communications carried out on a commercial basis. cable television service, mobile phone service community service activity means an activity relating to the provision of an emergency or essential community service. ambulance, fire service, police service domestic service means a service relating to communications carried out other than on a commercial basis. electronic communication service includes services for the internet, radio, telephone and television. limited commercial service activity means an activity relating to the provision of a commercial service or domestic service carried out by— a radio broadcaster owned by the Commonwealth or the State; or a television broadcaster owned by the Commonwealth or the State; or a local service provider. local service provider means an entity employing fewer than 200 employees, that provides a commercial service or domestic service— within an urban area; or only to a rural area. non-community service activity means an activity relating to the provision of a commercial service or domestic service, other than a limited commercial service activity. providing , an electronic communications service, includes relaying and transmitting the service. rural area means a part of the State that is not an urban area. urban area means any of the following local government areas— Brisbane Gold Coast Ipswich Logan Moreton Bay Noosa Redland Sunshine Coast. (sec.29-ssec.1) A tenure may not be categorised as a tenure of a category mentioned in any of subsections (2) to (6) if the tenure is held by a carrier under the Telecommunications Act 1997 (Cwlth) for supplying a carriage service under that Act. (sec.29-ssec.2) A tenure is a category 15.1 tenure if the tenure is, or may be, used for providing an electronic communication service for carrying out a community service activity. (sec.29-ssec.3) A tenure is a category 15.2 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and the land subject to the tenure is in a rural area. (sec.29-ssec.4) A tenure is a category 15.3 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and the land subject to the tenure is in an urban area. (sec.29-ssec.5) A tenure is a category 15.4 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and the land subject to the tenure is in a rural area. (sec.29-ssec.6) A tenure is a category 15.5 tenure if— the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and the land subject to the tenure is in an urban area. (sec.29-ssec.7) In this section— commercial service means a service relating to communications carried out on a commercial basis. cable television service, mobile phone service community service activity means an activity relating to the provision of an emergency or essential community service. ambulance, fire service, police service domestic service means a service relating to communications carried out other than on a commercial basis. electronic communication service includes services for the internet, radio, telephone and television. limited commercial service activity means an activity relating to the provision of a commercial service or domestic service carried out by— a radio broadcaster owned by the Commonwealth or the State; or a television broadcaster owned by the Commonwealth or the State; or a local service provider. local service provider means an entity employing fewer than 200 employees, that provides a commercial service or domestic service— within an urban area; or only to a rural area. non-community service activity means an activity relating to the provision of a commercial service or domestic service, other than a limited commercial service activity. providing , an electronic communications service, includes relaying and transmitting the service. rural area means a part of the State that is not an urban area. urban area means any of the following local government areas— Brisbane Gold Coast Ipswich Logan Moreton Bay Noosa Redland Sunshine Coast.

• (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and
• (b) the land subject to the tenure is in a rural area.
• (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a limited commercial service activity; and
• (b) the land subject to the tenure is in an urban area.
• (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and
• (b) the land subject to the tenure is in a rural area.
• (a) the tenure is, or may be, used for providing an electronic communication service for carrying out a non-community service activity; and
• (b) the land subject to the tenure is in an urban area.
• (a) a radio broadcaster owned by the Commonwealth or the State; or
• (b) a television broadcaster owned by the Commonwealth or the State; or
• (c) a local service provider.
• (a) within an urban area; or
• (b) only to a rural area.
• • Brisbane
• • Gold Coast
• • Ipswich
• • Logan
• • Moreton Bay
• • Noosa
• • Redland
• • Sunshine Coast.

sec.30 Category 16 tenure

Each of the following tenures is a category 16 tenure— a tenure over land at a place known as an ‘Economic Development Queensland industrial estate’; a lease for which the chief executive has, under section 16 of the Act , assessed the most appropriate tenure for the lease land as freehold. s 30 amd 2024 Act No. 12 s 82

• (a) a tenure over land at a place known as an ‘Economic Development Queensland industrial estate’;
• (b) a lease for which the chief executive has, under section 16 of the Act , assessed the most appropriate tenure for the lease land as freehold.

sec.31 Allocating particular lease or licence to rental category

This subsection applies if— a lease is offered to a prospective lessee; or a licence is offered to a prospective licensee. The Minister must— decide to allocate the lease or licence to a rental category (a rental category decision ) for calculating the rent payable for the lease or licence; and give notice of the rental category decision to the prospective lessee or licensee. The notice must include or be accompanied by an information notice for the rental category decision. If the prospective lessee or licensee enters into the lease or licence, the lessee or licensee may appeal against the rental category decision. For appealing against a decision, see chapter 7 , part 3 of the Act . s 31 amd 2024 Act No. 12 s 83 (sec.31-ssec.1) This subsection applies if— a lease is offered to a prospective lessee; or a licence is offered to a prospective licensee. (sec.31-ssec.2) The Minister must— decide to allocate the lease or licence to a rental category (a rental category decision ) for calculating the rent payable for the lease or licence; and give notice of the rental category decision to the prospective lessee or licensee. (sec.31-ssec.3) The notice must include or be accompanied by an information notice for the rental category decision. (sec.31-ssec.4) If the prospective lessee or licensee enters into the lease or licence, the lessee or licensee may appeal against the rental category decision. For appealing against a decision, see chapter 7 , part 3 of the Act .

• (a) a lease is offered to a prospective lessee; or
• (b) a licence is offered to a prospective licensee.
• (a) decide to allocate the lease or licence to a rental category (a rental category decision ) for calculating the rent payable for the lease or licence; and
• (b) give notice of the rental category decision to the prospective lessee or licensee.

sec.32 Allocating particular permit to rental category

This section applies if a permit to occupy is offered to a prospective permittee. The chief executive must— decide to allocate the permit to a rental category for calculating the rent payable for the permit; and give notice of the decision to the prospective permittee. If the prospective permittee enters into the permit, the permittee may appeal against the decision. For appealing against a decision, see chapter 7 , part 3 of the Act . A notice of a decision given under subsection (2) (b) must be accompanied by or include an information notice about the decision. (sec.32-ssec.1) This section applies if a permit to occupy is offered to a prospective permittee. (sec.32-ssec.2) The chief executive must— decide to allocate the permit to a rental category for calculating the rent payable for the permit; and give notice of the decision to the prospective permittee. (sec.32-ssec.3) If the prospective permittee enters into the permit, the permittee may appeal against the decision. For appealing against a decision, see chapter 7 , part 3 of the Act . (sec.32-ssec.4) A notice of a decision given under subsection (2) (b) must be accompanied by or include an information notice about the decision.

• (a) decide to allocate the permit to a rental category for calculating the rent payable for the permit; and
• (b) give notice of the decision to the prospective permittee.

Valuations for rental purposes

sec.33 Rental valuation

Subject to subsections (2) and (3) , the rental valuation of land for a rental period is the most recently made Land Act rental valuation of the land for the rental period. The rental valuation of land subject to a category 12.1, 13 or 14.2 tenure for a rental period is the averaged value of the land for the rental period. The rental valuation of land subject to a category 12.2 tenure for a rental period is— the averaged value of the land for the rental period; or if the averaged value of the land for the rental period is more than 13,850 fee units—13,850 fee units. The averaged value of land is the value of the land worked out by averaging the Land Act valuation of the land under schedule 2 . In this section— Land Act rental valuation see the Land Valuation Act 2010 , section 6 (4) . s 33 amd 2020 SL No. 107 s 23 ; 2021 SL No. 48 s 17 ; 2022 SL No. 47 s 14 (sec.33-ssec.1) Subject to subsections (2) and (3) , the rental valuation of land for a rental period is the most recently made Land Act rental valuation of the land for the rental period. (sec.33-ssec.2) The rental valuation of land subject to a category 12.1, 13 or 14.2 tenure for a rental period is the averaged value of the land for the rental period. (sec.33-ssec.3) The rental valuation of land subject to a category 12.2 tenure for a rental period is— the averaged value of the land for the rental period; or if the averaged value of the land for the rental period is more than 13,850 fee units—13,850 fee units. (sec.33-ssec.4) The averaged value of land is the value of the land worked out by averaging the Land Act valuation of the land under schedule 2 . (sec.33-ssec.5) In this section— Land Act rental valuation see the Land Valuation Act 2010 , section 6 (4) .

• (a) the averaged value of the land for the rental period; or
• (b) if the averaged value of the land for the rental period is more than 13,850 fee units—13,850 fee units.

Amount of rent payable

sec.34 Minimum rent for tenures of particular categories

The minimum rent payable for a category 11.1, 11.2, 12.1, 12.2, 13 or 16 tenure for a rental period is 277 fee units. The minimum rent payable for a category 14.2 tenure is 134 fee units. s 34 amd 2020 SL No. 107 s 24 ; 2021 SL No. 48 s 18 ; 2022 SL No. 47 s 15 (sec.34-ssec.1) The minimum rent payable for a category 11.1, 11.2, 12.1, 12.2, 13 or 16 tenure for a rental period is 277 fee units. (sec.34-ssec.2) The minimum rent payable for a category 14.2 tenure is 134 fee units.

sec.35 Rent for tenures of particular categories based on rental valuation

The rent payable for a rental period for land subject to a tenure of a category stated in column 1 of the following table is the amount calculated by multiplying the rental valuation of the land by the percentage mentioned opposite the category in column 2 of the table. Category of tenure column 1 Percentage column 2 category 11.1 1.5% category 11.2 0.75% category 12.1 6% category 12.2 6% category 13 6% category 14.2 for the land subject to the tenure on which the clubhouse and associated amenities are situated 5% for the rest of the land subject to the tenure 1% category 16 7% This section applies subject to section 34 . (sec.35-ssec.1) The rent payable for a rental period for land subject to a tenure of a category stated in column 1 of the following table is the amount calculated by multiplying the rental valuation of the land by the percentage mentioned opposite the category in column 2 of the table. Category of tenure column 1 Percentage column 2 category 11.1 1.5% category 11.2 0.75% category 12.1 6% category 12.2 6% category 13 6% category 14.2 for the land subject to the tenure on which the clubhouse and associated amenities are situated 5% for the rest of the land subject to the tenure 1% category 16 7% (sec.35-ssec.2) This section applies subject to section 34 .

sec.36 Rent for tenures of particular categories

The rent payable for a rental period for a tenure of a category stated in column 1 of the following table is the amount mentioned opposite the category in column 2 of the table— Category of tenure column 1 Amount of rent payable column 2 category 14.1 134 fee units category 15.1 134 fee units category 15.2 6,973 fee units category 15.3 10,366 fee units category 15.4 13,952 fee units category 15.5 20,926 fee units s 36 amd 2020 SL No. 107 s 25 ; 2021 SL No. 48 s 19 ; 2022 SL No. 47 s 16

sec.37 Rent for leases with particular title references

The rent payable for the term of each of the leases with the title references 40058945, 40077786 and 40078857 is $1. s 37 sub 2023 Act No. 2 s 46

sec.38 Designated set rent

The designated officer may set the rent payable (the designated set rent ) for the following— a term lease for a significant development; a licence or permit to occupy for which a rental valuation has not been made; a tenure given or issued to the State, a government owned corporation or a rail government entity. If the designated officer sets the rent payable for a tenure under subsection (1) , the designated set rent is payable for the tenure despite section 35 or 36 . (sec.38-ssec.1) The designated officer may set the rent payable (the designated set rent ) for the following— a term lease for a significant development; a licence or permit to occupy for which a rental valuation has not been made; a tenure given or issued to the State, a government owned corporation or a rail government entity. (sec.38-ssec.2) If the designated officer sets the rent payable for a tenure under subsection (1) , the designated set rent is payable for the tenure despite section 35 or 36 .

• (a) a term lease for a significant development;
• (b) a licence or permit to occupy for which a rental valuation has not been made;
• (c) a tenure given or issued to the State, a government owned corporation or a rail government entity.

sec.39 Charitable, recreational and sporting concessions

The Minister may set a rent less than the rent that would otherwise be payable for a tenure if the tenure holder is a charitable, sporting or recreational organisation. If the Minister sets a rent for a category 14.2 tenure under subsection (1) , the Minister must not set an amount of rent less than the minimum rent for the tenure. (sec.39-ssec.1) The Minister may set a rent less than the rent that would otherwise be payable for a tenure if the tenure holder is a charitable, sporting or recreational organisation. (sec.39-ssec.2) If the Minister sets a rent for a category 14.2 tenure under subsection (1) , the Minister must not set an amount of rent less than the minimum rent for the tenure.

sec.40 Development and investigation concessions

This section applies in relation to a lease or permit for which a designated set rent has not been set. If the designated officer considers the lease needs investigation and development work by the lessee, the designated officer may fix an annual rent for the lease, instead of the rent that would otherwise be payable— while the lease is being investigated and developed; but only for the first 5 years of the lease. If the permit is for investigation for a lease for development work, the designated officer may fix an annual rent for the permit, instead of the rent that would otherwise be payable, while the permit is in force. (sec.40-ssec.1) This section applies in relation to a lease or permit for which a designated set rent has not been set. (sec.40-ssec.2) If the designated officer considers the lease needs investigation and development work by the lessee, the designated officer may fix an annual rent for the lease, instead of the rent that would otherwise be payable— while the lease is being investigated and developed; but only for the first 5 years of the lease. (sec.40-ssec.3) If the permit is for investigation for a lease for development work, the designated officer may fix an annual rent for the permit, instead of the rent that would otherwise be payable, while the permit is in force.

• (a) while the lease is being investigated and developed; but
• (b) only for the first 5 years of the lease.

sec.41 Residential hardship concession

The Minister may allow a reduction of the rent that would otherwise be payable for a lease (a concession ) if the Minister is satisfied— the lease land is the lessee’s principal place of residence; and the lessee is suffering hardship; and either— the lessee holds, or is entitled to hold, a Commonwealth concession card; or the annual rent payable under the lease is a significant proportion of the lessee’s taxable income. If the Minister, after allowing a concession for a lease under subsection (1) , considers the financial circumstances of the lessee have changed to the extent the concession should be amended or cancelled, the Minister may change the amount of, or cancel, the concession for future rental periods. If the Minister allows a concession for a lease under subsection (1) and the lease is transferred, the concession does not apply to the lease from the day of the transfer. (sec.41-ssec.1) The Minister may allow a reduction of the rent that would otherwise be payable for a lease (a concession ) if the Minister is satisfied— the lease land is the lessee’s principal place of residence; and the lessee is suffering hardship; and either— the lessee holds, or is entitled to hold, a Commonwealth concession card; or the annual rent payable under the lease is a significant proportion of the lessee’s taxable income. (sec.41-ssec.2) If the Minister, after allowing a concession for a lease under subsection (1) , considers the financial circumstances of the lessee have changed to the extent the concession should be amended or cancelled, the Minister may change the amount of, or cancel, the concession for future rental periods. (sec.41-ssec.3) If the Minister allows a concession for a lease under subsection (1) and the lease is transferred, the concession does not apply to the lease from the day of the transfer.

• (a) the lease land is the lessee’s principal place of residence; and
• (b) the lessee is suffering hardship; and
• (c) either— (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or (ii) the annual rent payable under the lease is a significant proportion of the lessee’s taxable income.
• (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or
• (ii) the annual rent payable under the lease is a significant proportion of the lessee’s taxable income.
• (i) the lessee holds, or is entitled to hold, a Commonwealth concession card; or
• (ii) the annual rent payable under the lease is a significant proportion of the lessee’s taxable income.

Section sec.42

s 42 om 2023 Act No. 2 s 108 sch 1

sec.43 Protection against undue rent increases

This section applies in relation to a category 11.1 or 11.2 tenure (the current tenure ) for land (the subject land ), but does not apply if— immediately before the current rental period for the current tenure— the current tenure was not in force; and there was no corresponding tenure to the current tenure; or a designated set rent has been set for the tenure; or the tenure is a freeholding lease. If the Minister considers that an increase of the rent under section 35 for the current tenure is excessive, the Minister may decide that the rent for the tenure for the current rental period is the rent worked out using the following formula— where— RPY means— if the current tenure was in force immediately before the current rental period for the tenure—the rent for the tenure for the previous rental period; or if, immediately before the current rental period for the current tenure, the current tenure was not in force, but a corresponding tenure to the current tenure was in force—the notional rent for the corresponding tenure for the previous rental period. For this section, a tenure is a corresponding tenure to a current tenure if— the tenure was a former tenure of the current tenure for the subject land, whether or not of the same area as the subject land; and the tenure was ended for the purpose of changing its area, issuing a new tenure or for renewal or conversion under the Act (each a relevant action ); and the current tenure was created as a result of taking a relevant action. In this section— notional rent , for a corresponding tenure to a current tenure, means the rent for each hectare of the area subject to the corresponding tenure multiplied by the total area in hectares subject to the current tenure. previous rental period means— in relation to a current tenure that was in force immediately before the current rental period—the rental period for the tenure that ended immediately before the current rental period started; or in relation to a corresponding tenure to a current tenure—the last rental period for which the corresponding tenure was in force. (sec.43-ssec.1) This section applies in relation to a category 11.1 or 11.2 tenure (the current tenure ) for land (the subject land ), but does not apply if— immediately before the current rental period for the current tenure— the current tenure was not in force; and there was no corresponding tenure to the current tenure; or a designated set rent has been set for the tenure; or the tenure is a freeholding lease. (sec.43-ssec.2) If the Minister considers that an increase of the rent under section 35 for the current tenure is excessive, the Minister may decide that the rent for the tenure for the current rental period is the rent worked out using the following formula— where— RPY means— if the current tenure was in force immediately before the current rental period for the tenure—the rent for the tenure for the previous rental period; or if, immediately before the current rental period for the current tenure, the current tenure was not in force, but a corresponding tenure to the current tenure was in force—the notional rent for the corresponding tenure for the previous rental period. (sec.43-ssec.3) For this section, a tenure is a corresponding tenure to a current tenure if— the tenure was a former tenure of the current tenure for the subject land, whether or not of the same area as the subject land; and the tenure was ended for the purpose of changing its area, issuing a new tenure or for renewal or conversion under the Act (each a relevant action ); and the current tenure was created as a result of taking a relevant action. (sec.43-ssec.4) In this section— notional rent , for a corresponding tenure to a current tenure, means the rent for each hectare of the area subject to the corresponding tenure multiplied by the total area in hectares subject to the current tenure. previous rental period means— in relation to a current tenure that was in force immediately before the current rental period—the rental period for the tenure that ended immediately before the current rental period started; or in relation to a corresponding tenure to a current tenure—the last rental period for which the corresponding tenure was in force.

• (a) immediately before the current rental period for the current tenure— (i) the current tenure was not in force; and (ii) there was no corresponding tenure to the current tenure; or
• (i) the current tenure was not in force; and
• (ii) there was no corresponding tenure to the current tenure; or
• (b) a designated set rent has been set for the tenure; or
• (c) the tenure is a freeholding lease.
• (i) the current tenure was not in force; and
• (ii) there was no corresponding tenure to the current tenure; or
• (a) if the current tenure was in force immediately before the current rental period for the tenure—the rent for the tenure for the previous rental period; or
• (b) if, immediately before the current rental period for the current tenure, the current tenure was not in force, but a corresponding tenure to the current tenure was in force—the notional rent for the corresponding tenure for the previous rental period.
• (a) the tenure was a former tenure of the current tenure for the subject land, whether or not of the same area as the subject land; and
• (b) the tenure was ended for the purpose of changing its area, issuing a new tenure or for renewal or conversion under the Act (each a relevant action ); and
• (c) the current tenure was created as a result of taking a relevant action.
• (a) in relation to a current tenure that was in force immediately before the current rental period—the rental period for the tenure that ended immediately before the current rental period started; or
• (b) in relation to a corresponding tenure to a current tenure—the last rental period for which the corresponding tenure was in force.

sec.44 Rent adjustments for change of rental valuation or category of tenure

If a new rental valuation of land subject to a tenure is made in a rental period because of an action under the Act , the amount of rent payable for the tenure must be adjusted from the first quarter day after the action was taken. subdividing a lease under chapter 4 , part 3 , division 4 of the Act If the rental valuation of land for a rental period is amended on an appeal or objection under the Land Valuation Act 2010 — the amount of rent payable for the rental period must be adjusted proportionately; and interest, at the prescribed rate, on rent overpaid for the rental period because of the amendment must be paid from the day the rent was paid until the day the overpaid rent is refunded. If, on appeal, a tenure is allocated to a new rental category, the tenure holder must be credited with— the rent for the tenure that, because of the decision on the appeal, has been overpaid; and interest, at the prescribed rate, on the overpaid rent from when the rent was paid until the appeal was decided. In this section— prescribed rate means 2% compounding monthly. s 44 amd 2024 Act No. 12 s 84 (sec.44-ssec.1) If a new rental valuation of land subject to a tenure is made in a rental period because of an action under the Act , the amount of rent payable for the tenure must be adjusted from the first quarter day after the action was taken. subdividing a lease under chapter 4 , part 3 , division 4 of the Act (sec.44-ssec.2) If the rental valuation of land for a rental period is amended on an appeal or objection under the Land Valuation Act 2010 — the amount of rent payable for the rental period must be adjusted proportionately; and interest, at the prescribed rate, on rent overpaid for the rental period because of the amendment must be paid from the day the rent was paid until the day the overpaid rent is refunded. (sec.44-ssec.3) If, on appeal, a tenure is allocated to a new rental category, the tenure holder must be credited with— the rent for the tenure that, because of the decision on the appeal, has been overpaid; and interest, at the prescribed rate, on the overpaid rent from when the rent was paid until the appeal was decided. (sec.44-ssec.4) In this section— prescribed rate means 2% compounding monthly.

• (a) the amount of rent payable for the rental period must be adjusted proportionately; and
• (b) interest, at the prescribed rate, on rent overpaid for the rental period because of the amendment must be paid from the day the rent was paid until the day the overpaid rent is refunded.
• (a) the rent for the tenure that, because of the decision on the appeal, has been overpaid; and
• (b) interest, at the prescribed rate, on the overpaid rent from when the rent was paid until the appeal was decided.

Section sec.45

s 45 om 2024 Act No. 12 s 85

sec.46 Rent adjustment for change of area of lease or licence

This section applies if a designated set rent has been set for a lease or licence, and the area of land subject to the lease or licence is changed. The amount of the rent payable for the lease or licence must be adjusted— in accordance with the offer, or the conditions of approval, for the lease or licence; or if a rent adjustment was not stated in the offer or approval—proportionately. (sec.46-ssec.1) This section applies if a designated set rent has been set for a lease or licence, and the area of land subject to the lease or licence is changed. (sec.46-ssec.2) The amount of the rent payable for the lease or licence must be adjusted— in accordance with the offer, or the conditions of approval, for the lease or licence; or if a rent adjustment was not stated in the offer or approval—proportionately.

• (a) in accordance with the offer, or the conditions of approval, for the lease or licence; or
• (b) if a rent adjustment was not stated in the offer or approval—proportionately.

sec.47 How rent adjustment must be made

This section applies if the rent for a tenure is adjusted under section 44 or 46 . If the rent is adjusted by $100 or less, the adjustment must be credited or debited to the account of the tenure holder, as applicable. If the rent is adjusted by more than $100, the adjustment must be paid to the department or credited to the account of the tenure holder, as applicable. s 47 amd 2024 Act No. 12 s 86 (sec.47-ssec.1) This section applies if the rent for a tenure is adjusted under section 44 or 46 . (sec.47-ssec.2) If the rent is adjusted by $100 or less, the adjustment must be credited or debited to the account of the tenure holder, as applicable. (sec.47-ssec.3) If the rent is adjusted by more than $100, the adjustment must be paid to the department or credited to the account of the tenure holder, as applicable.

Payment of rent and instalments

sec.48 Paying rent or instalments—general

A tenure holder must pay rent or instalments for the tenure when and where required under this division. Subsection (1) applies to a tenure holder even if the holder has— objected to or appealed against— a rental valuation of the land subject to the tenure; or the allocation of the tenure to a rental category; or made an application for a matter under the Act relevant to the tenure. However, rent or instalments are not required to be paid at a time or place otherwise required under this division if the chief executive is satisfied the payment can not be made by the time or at the place because of exceptional circumstances. civil disturbance, computer failure, extreme climatic conditions, industrial action (sec.48-ssec.1) A tenure holder must pay rent or instalments for the tenure when and where required under this division. (sec.48-ssec.2) Subsection (1) applies to a tenure holder even if the holder has— objected to or appealed against— a rental valuation of the land subject to the tenure; or the allocation of the tenure to a rental category; or made an application for a matter under the Act relevant to the tenure. (sec.48-ssec.3) However, rent or instalments are not required to be paid at a time or place otherwise required under this division if the chief executive is satisfied the payment can not be made by the time or at the place because of exceptional circumstances. civil disturbance, computer failure, extreme climatic conditions, industrial action

• (a) objected to or appealed against— (i) a rental valuation of the land subject to the tenure; or (ii) the allocation of the tenure to a rental category; or
• (i) a rental valuation of the land subject to the tenure; or
• (ii) the allocation of the tenure to a rental category; or
• (b) made an application for a matter under the Act relevant to the tenure.
• (i) a rental valuation of the land subject to the tenure; or
• (ii) the allocation of the tenure to a rental category; or

sec.49 When rent is payable

Rent for a development lease issued under the repealed Land Act 1962 , part 9 , division 1 , must be paid on or before 1 January of the calendar year for which the rent is payable. Rent for a category 12.1, 12.2, 13 or 14.2 tenure for which a rental period is divided into quarterly sub-periods under section 21 (5) , must be paid— for the sub-period starting on 1 July—on or before 1 September of the sub-period for which the rent is payable; or for the sub-period starting on 1 October—on or before 1 December of the sub-period for which the rent is payable; or for the sub-period starting on 1 January—on or before 1 March of the sub-period for which the rent is payable; or for the sub-period starting on 1 April—on or before 1 June of the sub-period for which the rent is payable. Rent for a tenure, other than a tenure mentioned in subsection (1) or (2) , must be paid— for rent payable for a rental period that is a financial year—on or before 1 September of the financial year; or for rent payable for another rental period—on or before the day stated in the account given to the tenure holder setting out the rent or instalments payable. This section applies subject to section 51 . (sec.49-ssec.1) Rent for a development lease issued under the repealed Land Act 1962 , part 9 , division 1 , must be paid on or before 1 January of the calendar year for which the rent is payable. (sec.49-ssec.2) Rent for a category 12.1, 12.2, 13 or 14.2 tenure for which a rental period is divided into quarterly sub-periods under section 21 (5) , must be paid— for the sub-period starting on 1 July—on or before 1 September of the sub-period for which the rent is payable; or for the sub-period starting on 1 October—on or before 1 December of the sub-period for which the rent is payable; or for the sub-period starting on 1 January—on or before 1 March of the sub-period for which the rent is payable; or for the sub-period starting on 1 April—on or before 1 June of the sub-period for which the rent is payable. (sec.49-ssec.3) Rent for a tenure, other than a tenure mentioned in subsection (1) or (2) , must be paid— for rent payable for a rental period that is a financial year—on or before 1 September of the financial year; or for rent payable for another rental period—on or before the day stated in the account given to the tenure holder setting out the rent or instalments payable. (sec.49-ssec.4) This section applies subject to section 51 .

• (a) for the sub-period starting on 1 July—on or before 1 September of the sub-period for which the rent is payable; or
• (b) for the sub-period starting on 1 October—on or before 1 December of the sub-period for which the rent is payable; or
• (c) for the sub-period starting on 1 January—on or before 1 March of the sub-period for which the rent is payable; or
• (d) for the sub-period starting on 1 April—on or before 1 June of the sub-period for which the rent is payable.
• (a) for rent payable for a rental period that is a financial year—on or before 1 September of the financial year; or
• (b) for rent payable for another rental period—on or before the day stated in the account given to the tenure holder setting out the rent or instalments payable.

sec.50 When instalments are payable

An instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (a) , (c) , (d) or (e) must be paid on or before 31 March in each calendar year for which the instalment is payable. An instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (b) — must be paid on or before each quarter day that is an anniversary of the day on which the lease started; and is payable for the year ending on the day immediately before the quarter day. An instalment for a mining titles freeholding lease must be paid on or before 31 December in each year for the calendar year beginning on the next 1 January. An instalment for a freeholding lease, other than a lease mentioned in subsection (1) , (2) or (3) — must be paid on or before each anniversary of the day on which the lease started; and is payable for the year ending on the day immediately before the anniversary. This section applies subject to section 51 . (sec.50-ssec.1) An instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (a) , (c) , (d) or (e) must be paid on or before 31 March in each calendar year for which the instalment is payable. (sec.50-ssec.2) An instalment for a pre-Wolfe freeholding lease mentioned in schedule 6 of the Act , definition pre-Wolfe freeholding lease , paragraph (b) — must be paid on or before each quarter day that is an anniversary of the day on which the lease started; and is payable for the year ending on the day immediately before the quarter day. (sec.50-ssec.3) An instalment for a mining titles freeholding lease must be paid on or before 31 December in each year for the calendar year beginning on the next 1 January. (sec.50-ssec.4) An instalment for a freeholding lease, other than a lease mentioned in subsection (1) , (2) or (3) — must be paid on or before each anniversary of the day on which the lease started; and is payable for the year ending on the day immediately before the anniversary. (sec.50-ssec.5) This section applies subject to section 51 .

• (a) must be paid on or before each quarter day that is an anniversary of the day on which the lease started; and
• (b) is payable for the year ending on the day immediately before the quarter day.
• (a) must be paid on or before each anniversary of the day on which the lease started; and
• (b) is payable for the year ending on the day immediately before the anniversary.

sec.51 Extension of period for paying rent or instalments

The designated officer may, by notice given to a tenure holder, extend the period for paying an amount of rent or instalments for the tenure to a day that is later than the day the payment would otherwise have been required under section 49 or 50 . (sec.51-ssec) The designated officer may, by notice given to a tenure holder, extend the period for paying an amount of rent or instalments for the tenure to a day that is later than the day the payment would otherwise have been required under section 49 or 50 .

sec.52 Where rent or instalments must be paid

Rent or instalments must be paid at— an office of the department; or a place mentioned on the account setting out the rent or instalments payable.

• (a) an office of the department; or
• (b) a place mentioned on the account setting out the rent or instalments payable.

sec.53 How rent or instalments must be paid

Rent or instalments must be paid in the way mentioned on the account setting out the rent or instalments payable.

sec.54 Overpayment of rent or instalments

This section applies if a tenure holder overpays rent or instalments for the tenure. The overpayment must be refunded to, or credited to the account of, the tenure holder. Interest is payable on overpaid rent or instalments only if the overpayment happened because of— a change in valuation on objection or appeal under the Land Valuation Act 2010 ; or a change to the category of a tenure because of an appeal. (sec.54-ssec.1) This section applies if a tenure holder overpays rent or instalments for the tenure. (sec.54-ssec.2) The overpayment must be refunded to, or credited to the account of, the tenure holder. (sec.54-ssec.3) Interest is payable on overpaid rent or instalments only if the overpayment happened because of— a change in valuation on objection or appeal under the Land Valuation Act 2010 ; or a change to the category of a tenure because of an appeal.

• (a) a change in valuation on objection or appeal under the Land Valuation Act 2010 ; or
• (b) a change to the category of a tenure because of an appeal.

Deferral of rent and instalments

sec.55 Definitions for subdivision

In this subdivision— affected tenure see section 56 (1) . deferral period , for the payment of rent or instalments, means— generally—the period stated in a hardship deferral declaration for which the payment of the rent or instalments is deferred; or subject to paragraph (c) , if the period is extended under section 57 (2) —the extended period stated in the hardship deferral declaration; or for a particular tenure, if the period is extended under section 57 (3) —the notified extended period for the tenure under section 57 (3) or (5) . hardship deferral declaration see section 56 (2) . payment day , for deferred rent or instalments, means— generally—the day stated in a hardship deferral declaration by which the deferred rent or instalments must be paid; or subject to paragraph (c) , if a later day for payment of the deferred rent or instalments is fixed under section 58 (2) —the later day stated in the hardship deferral declaration; or for a particular tenure, if a later day is fixed under section 58 (3) —the notified payment day for the tenure under section 58 (3) or (5) .

• (a) generally—the period stated in a hardship deferral declaration for which the payment of the rent or instalments is deferred; or
• (b) subject to paragraph (c) , if the period is extended under section 57 (2) —the extended period stated in the hardship deferral declaration; or
• (c) for a particular tenure, if the period is extended under section 57 (3) —the notified extended period for the tenure under section 57 (3) or (5) .
• (a) generally—the day stated in a hardship deferral declaration by which the deferred rent or instalments must be paid; or
• (b) subject to paragraph (c) , if a later day for payment of the deferred rent or instalments is fixed under section 58 (2) —the later day stated in the hardship deferral declaration; or
• (c) for a particular tenure, if a later day is fixed under section 58 (3) —the notified payment day for the tenure under section 58 (3) or (5) .

sec.56 Deferral of rent or instalments for declaration of hardship area

This section applies if the Minister is satisfied a tenure (an affected tenure ) has been severely affected by— a natural disaster; or adverse economic conditions. The Minister may, by notice published on a Queensland Government website (a hardship deferral declaration ), declare an area comprising, or including, the affected tenure as a hardship area. The hardship deferral declaration must state— the affected tenures to which it relates; and each area declared as a hardship area; and that the payment of all or part of the rent or instalments that, but for the declaration, would have been payable by the holder of each affected tenure, is deferred; and if the payment of only part of the rent or instalments is deferred—the proportion of the rent or instalments that is deferred; and the period for which the payment of the rent or instalments is deferred; and the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid. For subsection (3) (a) and (b) , an area may be declared as a hardship area by reference to either, or a combination of both, of the following— an area comprising or including an affected tenure; an area in a local government area. In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government. (sec.56-ssec.1) This section applies if the Minister is satisfied a tenure (an affected tenure ) has been severely affected by— a natural disaster; or adverse economic conditions. (sec.56-ssec.2) The Minister may, by notice published on a Queensland Government website (a hardship deferral declaration ), declare an area comprising, or including, the affected tenure as a hardship area. (sec.56-ssec.3) The hardship deferral declaration must state— the affected tenures to which it relates; and each area declared as a hardship area; and that the payment of all or part of the rent or instalments that, but for the declaration, would have been payable by the holder of each affected tenure, is deferred; and if the payment of only part of the rent or instalments is deferred—the proportion of the rent or instalments that is deferred; and the period for which the payment of the rent or instalments is deferred; and the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid. (sec.56-ssec.4) For subsection (3) (a) and (b) , an area may be declared as a hardship area by reference to either, or a combination of both, of the following— an area comprising or including an affected tenure; an area in a local government area. (sec.56-ssec.5) In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

• (a) a natural disaster; or
• (b) adverse economic conditions.
• (a) the affected tenures to which it relates; and
• (b) each area declared as a hardship area; and
• (c) that the payment of all or part of the rent or instalments that, but for the declaration, would have been payable by the holder of each affected tenure, is deferred; and
• (d) if the payment of only part of the rent or instalments is deferred—the proportion of the rent or instalments that is deferred; and
• (e) the period for which the payment of the rent or instalments is deferred; and
• (f) the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.
• (a) an area comprising or including an affected tenure;
• (b) an area in a local government area.

sec.57 Extending period of deferral for declared hardship area

This section applies if the Minister considers it appropriate to extend the period of deferral for payment of rent or instalments for an affected tenure, whether or not the period has previously been extended for the tenure under this section. The Minister may, by amending the hardship deferral declaration, extend the period of deferral for the payment of rent or instalments for all of the affected tenures for a further period starting immediately after the end of the last deferral period stated in the declaration (the declared extended period ). The Minister may, by notice given to the holder of a particular affected tenure, extend the period of deferral for the payment of rent or instalments for the tenure for a period stated in the notice (a notified extended period ). A notified extended period must end after the end of the deferral period stated in the hardship deferral declaration. If the period of deferral is extended for all affected tenures under subsection (2) and, but for this subsection, the declared extended period would end after a notified extended period for a particular tenure, the notified extended period is taken to have been further extended until the end of the declared extended period. (sec.57-ssec.1) This section applies if the Minister considers it appropriate to extend the period of deferral for payment of rent or instalments for an affected tenure, whether or not the period has previously been extended for the tenure under this section. (sec.57-ssec.2) The Minister may, by amending the hardship deferral declaration, extend the period of deferral for the payment of rent or instalments for all of the affected tenures for a further period starting immediately after the end of the last deferral period stated in the declaration (the declared extended period ). (sec.57-ssec.3) The Minister may, by notice given to the holder of a particular affected tenure, extend the period of deferral for the payment of rent or instalments for the tenure for a period stated in the notice (a notified extended period ). (sec.57-ssec.4) A notified extended period must end after the end of the deferral period stated in the hardship deferral declaration. (sec.57-ssec.5) If the period of deferral is extended for all affected tenures under subsection (2) and, but for this subsection, the declared extended period would end after a notified extended period for a particular tenure, the notified extended period is taken to have been further extended until the end of the declared extended period.

sec.58 Fixing new payment day for declared hardship area

This section applies if the Minister considers it appropriate to fix a later day for the payment of deferred rent or instalments for an affected tenure, whether or not a later payment day for the rent or instalments has previously been fixed under this section. The Minister may, by amending the hardship deferral declaration, fix a day (the declared payment day ), that is within 5 years after the last payment day stated in the declaration, by which the deferred rent or instalments for all of the affected tenures must be paid. The Minister may, by notice given to the holder of a particular affected tenure, fix a day (a notified payment day ), that is within 5 years after the last payment day fixed for the tenure under this subsection, by which the deferred rent or instalments for the tenure must be paid. A notified payment day must be later than the declared payment day stated in the hardship deferral declaration. If a later day for the payment of deferred rent or instalments is fixed for all affected tenures under subsection (2) and, but for this subsection, the declared payment day would be later than a notified payment day for a particular tenure, the notified payment day is taken to be the declared payment day. (sec.58-ssec.1) This section applies if the Minister considers it appropriate to fix a later day for the payment of deferred rent or instalments for an affected tenure, whether or not a later payment day for the rent or instalments has previously been fixed under this section. (sec.58-ssec.2) The Minister may, by amending the hardship deferral declaration, fix a day (the declared payment day ), that is within 5 years after the last payment day stated in the declaration, by which the deferred rent or instalments for all of the affected tenures must be paid. (sec.58-ssec.3) The Minister may, by notice given to the holder of a particular affected tenure, fix a day (a notified payment day ), that is within 5 years after the last payment day fixed for the tenure under this subsection, by which the deferred rent or instalments for the tenure must be paid. (sec.58-ssec.4) A notified payment day must be later than the declared payment day stated in the hardship deferral declaration. (sec.58-ssec.5) If a later day for the payment of deferred rent or instalments is fixed for all affected tenures under subsection (2) and, but for this subsection, the declared payment day would be later than a notified payment day for a particular tenure, the notified payment day is taken to be the declared payment day.

sec.59 Effect of hardship deferral declaration on penalty interest

If the payment of rent or instalments for a tenure is deferred under this subdivision, penalty interest does not accrue in relation to the rent or instalments until the day after the payment day.

sec.60 Hardship application for deferral of rent or instalments

This section applies if a tenure holder is suffering hardship because of— a natural disaster; or adverse economic conditions related to the purpose of the tenure. The tenure holder may apply to the Minister for a deferral of all or part of the rent or instalments payable for the tenure. The application must— be in writing; and for an application relating to hardship because of a natural disaster—be accompanied by evidence that the tenure holder has received, or is entitled to receive, financial assistance for the natural disaster under a State or Commonwealth scheme. The Minister may ask the tenure holder to give the Minister any further information the Minister needs to help to decide the application. financial statements, tax returns (sec.60-ssec.1) This section applies if a tenure holder is suffering hardship because of— a natural disaster; or adverse economic conditions related to the purpose of the tenure. (sec.60-ssec.2) The tenure holder may apply to the Minister for a deferral of all or part of the rent or instalments payable for the tenure. (sec.60-ssec.3) The application must— be in writing; and for an application relating to hardship because of a natural disaster—be accompanied by evidence that the tenure holder has received, or is entitled to receive, financial assistance for the natural disaster under a State or Commonwealth scheme. (sec.60-ssec.4) The Minister may ask the tenure holder to give the Minister any further information the Minister needs to help to decide the application. financial statements, tax returns

• (a) a natural disaster; or
• (b) adverse economic conditions related to the purpose of the tenure.
• (a) be in writing; and
• (b) for an application relating to hardship because of a natural disaster—be accompanied by evidence that the tenure holder has received, or is entitled to receive, financial assistance for the natural disaster under a State or Commonwealth scheme.

sec.61 Deferral of rent or instalments for particular tenure

This section applies if the Minister— receives an application from a tenure holder under section 60 ; and considers the tenure holder has given the Minister the information needed to decide the application; and is satisfied the tenure holder is suffering hardship because of— a natural disaster; or adverse economic conditions related to the purpose of the tenure. The Minister may, by notice given to the tenure holder, defer the payment of all or part of the rent or instalments for the tenure. The notice must state— the period for which payment of the rent or instalments is deferred; and the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid. If the payment of rent or instalments for a tenure is deferred by notice under subsection (2) , penalty interest does not accrue in relation to the rent or instalments until the day after the day by which the payment is required under the notice. (sec.61-ssec.1) This section applies if the Minister— receives an application from a tenure holder under section 60 ; and considers the tenure holder has given the Minister the information needed to decide the application; and is satisfied the tenure holder is suffering hardship because of— a natural disaster; or adverse economic conditions related to the purpose of the tenure. (sec.61-ssec.2) The Minister may, by notice given to the tenure holder, defer the payment of all or part of the rent or instalments for the tenure. (sec.61-ssec.3) The notice must state— the period for which payment of the rent or instalments is deferred; and the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid. (sec.61-ssec.4) If the payment of rent or instalments for a tenure is deferred by notice under subsection (2) , penalty interest does not accrue in relation to the rent or instalments until the day after the day by which the payment is required under the notice.

• (a) receives an application from a tenure holder under section 60 ; and
• (b) considers the tenure holder has given the Minister the information needed to decide the application; and
• (c) is satisfied the tenure holder is suffering hardship because of— (i) a natural disaster; or (ii) adverse economic conditions related to the purpose of the tenure.
• (i) a natural disaster; or
• (ii) adverse economic conditions related to the purpose of the tenure.
• (i) a natural disaster; or
• (ii) adverse economic conditions related to the purpose of the tenure.
• (a) the period for which payment of the rent or instalments is deferred; and
• (b) the terms of payment of the deferred rent or instalments, including the day by which the deferred rent or instalments must be paid.

sec.62 References to deferral

A reference in this subdivision to the deferral of the payment of rent or instalments under subdivision 1 or 2 includes a reference to the authorisation under either of those subdivisions of the payment of the deferred rent or instalments by a stated day.

sec.63 Revocation of deferral for change of circumstances

This section applies if— the payment of the rent or instalments for a tenure is deferred under subdivision 1 or 2 ; and the Minister considers the tenure holder’s financial circumstances have changed to the extent the deferral should no longer apply. The Minister may, by notice given to the tenure holder, revoke— for payment of rent—the deferral of the payment of the rent for the tenure that is payable from the next rental period after the notice is given; or for payment of instalments—the deferral of the payment of the instalments for the tenure that are payable after the notice is given. (sec.63-ssec.1) This section applies if— the payment of the rent or instalments for a tenure is deferred under subdivision 1 or 2 ; and the Minister considers the tenure holder’s financial circumstances have changed to the extent the deferral should no longer apply. (sec.63-ssec.2) The Minister may, by notice given to the tenure holder, revoke— for payment of rent—the deferral of the payment of the rent for the tenure that is payable from the next rental period after the notice is given; or for payment of instalments—the deferral of the payment of the instalments for the tenure that are payable after the notice is given.

• (a) the payment of the rent or instalments for a tenure is deferred under subdivision 1 or 2 ; and
• (b) the Minister considers the tenure holder’s financial circumstances have changed to the extent the deferral should no longer apply.
• (a) for payment of rent—the deferral of the payment of the rent for the tenure that is payable from the next rental period after the notice is given; or
• (b) for payment of instalments—the deferral of the payment of the instalments for the tenure that are payable after the notice is given.

sec.64 Cessation of deferral on transfer

This section applies if— the payment of the rent or instalments for a lease or licence is deferred under subdivision 1 or 2 ; and the lease or licence is transferred. The deferral of the payment of the rent or instalments stops applying in relation to the lease or licence from the day of the settlement of the transfer. (sec.64-ssec.1) This section applies if— the payment of the rent or instalments for a lease or licence is deferred under subdivision 1 or 2 ; and the lease or licence is transferred. (sec.64-ssec.2) The deferral of the payment of the rent or instalments stops applying in relation to the lease or licence from the day of the settlement of the transfer.

• (a) the payment of the rent or instalments for a lease or licence is deferred under subdivision 1 or 2 ; and
• (b) the lease or licence is transferred.

Action for non-payment of rent or instalments

sec.65 Obligation to pay penalty interest on unpaid rent or instalments

This section applies to a tenure holder if the holder does not pay an amount of rent or instalments for the tenure when required under section 49 or 50 , whether or not the period for paying the amount has been extended under section 51 . This section also applies to a tenure holder if— the payment of the rent or instalments for the tenure has been deferred under division 6 ; and the holder does not pay an amount of the rent or instalments— for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice. The tenure holder must pay the penalty interest that has accrued on the amount of the rent or instalments owing from when the amount first became payable until the day it is paid. Under sections 59 and 61 (4) , penalty interest does not accrue in relation to deferred rent or instalments until the days provided for under the provisions respectively. The tenure holder must pay the penalty interest when the tenure holder pays the amount of rent or instalments owing. However, penalty interest does not accrue on the amount of the rent or instalments owing if the designated officer— considers the tenure holder had a reasonable excuse for not paying the amount; and gives the tenure holder a notice stating that under this subsection penalty interest has not accrued, and will not accrue, on the amount. (sec.65-ssec.1) This section applies to a tenure holder if the holder does not pay an amount of rent or instalments for the tenure when required under section 49 or 50 , whether or not the period for paying the amount has been extended under section 51 . (sec.65-ssec.2) This section also applies to a tenure holder if— the payment of the rent or instalments for the tenure has been deferred under division 6 ; and the holder does not pay an amount of the rent or instalments— for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice. (sec.65-ssec.3) The tenure holder must pay the penalty interest that has accrued on the amount of the rent or instalments owing from when the amount first became payable until the day it is paid. Under sections 59 and 61 (4) , penalty interest does not accrue in relation to deferred rent or instalments until the days provided for under the provisions respectively. (sec.65-ssec.4) The tenure holder must pay the penalty interest when the tenure holder pays the amount of rent or instalments owing. (sec.65-ssec.5) However, penalty interest does not accrue on the amount of the rent or instalments owing if the designated officer— considers the tenure holder had a reasonable excuse for not paying the amount; and gives the tenure holder a notice stating that under this subsection penalty interest has not accrued, and will not accrue, on the amount.

• (a) the payment of the rent or instalments for the tenure has been deferred under division 6 ; and
• (b) the holder does not pay an amount of the rent or instalments— (i) for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or (ii) for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.
• (i) for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or
• (ii) for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.
• (i) for payment deferred under a hardship deferral declaration—on or before the payment day for the deferred amount; or
• (ii) for payment deferred by a notice given under section 61 —on or before the day by which the payment is required under the notice.
• (a) considers the tenure holder had a reasonable excuse for not paying the amount; and
• (b) gives the tenure holder a notice stating that under this subsection penalty interest has not accrued, and will not accrue, on the amount.

sec.66 Calculation of penalty interest

Penalty interest on unpaid rent or instalments— is payable at the rate that is 2% above the Suncorp-Metway business variable lending rate; and accrues daily; and compounds monthly.

• (a) is payable at the rate that is 2% above the Suncorp-Metway business variable lending rate; and
• (b) accrues daily; and
• (c) compounds monthly.

sec.67 Relevant action for non-payment of rent or instalments or penalty interest

This section applies if a tenure holder— does not pay an amount of rent or instalments for the tenure— when required under section 49 or 50 ; or if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or for payment of an amount of rent or instalments deferred for the tenure under division 6 —does not pay the amount on or before the relevant day mentioned in section 65 (2) (b) (i) or (ii) ; or does not pay the penalty interest owing on an amount mentioned in paragraph (a) or (b) as required under section 65 (3) and (4) . The designated officer may do either or both of the following (each a relevant action )— take action to recover the amount of the rent or instalments or penalty interest owing in a court of competent jurisdiction; for a tenure that is a licence or permit to occupy—cancel the licence or permit. Forfeiture of leases for non-payment is provided for under chapter 5 , part 4 , divisions 1 and 2 of the Act . If the designated officer proposes to take a relevant action, the designated officer must give the tenure holder a notice stating— the relevant action; and the ground for giving the notice; and the amount of— the rent or instalments owing; and the penalty interest accruing each day; and that the designated officer may take the relevant action after the stated reasonable period of at least 28 days after giving the notice. (sec.67-ssec.1) This section applies if a tenure holder— does not pay an amount of rent or instalments for the tenure— when required under section 49 or 50 ; or if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or for payment of an amount of rent or instalments deferred for the tenure under division 6 —does not pay the amount on or before the relevant day mentioned in section 65 (2) (b) (i) or (ii) ; or does not pay the penalty interest owing on an amount mentioned in paragraph (a) or (b) as required under section 65 (3) and (4) . (sec.67-ssec.2) The designated officer may do either or both of the following (each a relevant action )— take action to recover the amount of the rent or instalments or penalty interest owing in a court of competent jurisdiction; for a tenure that is a licence or permit to occupy—cancel the licence or permit. Forfeiture of leases for non-payment is provided for under chapter 5 , part 4 , divisions 1 and 2 of the Act . (sec.67-ssec.3) If the designated officer proposes to take a relevant action, the designated officer must give the tenure holder a notice stating— the relevant action; and the ground for giving the notice; and the amount of— the rent or instalments owing; and the penalty interest accruing each day; and that the designated officer may take the relevant action after the stated reasonable period of at least 28 days after giving the notice.

• (a) does not pay an amount of rent or instalments for the tenure— (i) when required under section 49 or 50 ; or (ii) if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or
• (i) when required under section 49 or 50 ; or
• (ii) if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or
• (b) for payment of an amount of rent or instalments deferred for the tenure under division 6 —does not pay the amount on or before the relevant day mentioned in section 65 (2) (b) (i) or (ii) ; or
• (c) does not pay the penalty interest owing on an amount mentioned in paragraph (a) or (b) as required under section 65 (3) and (4) .
• (i) when required under section 49 or 50 ; or
• (ii) if the period for paying the amount has been extended to a later day under section 51 —on or before the later day; or
• (a) take action to recover the amount of the rent or instalments or penalty interest owing in a court of competent jurisdiction;
• (b) for a tenure that is a licence or permit to occupy—cancel the licence or permit.
• (a) the relevant action; and
• (b) the ground for giving the notice; and
• (c) the amount of— (i) the rent or instalments owing; and (ii) the penalty interest accruing each day; and
• (i) the rent or instalments owing; and
• (ii) the penalty interest accruing each day; and
• (d) that the designated officer may take the relevant action after the stated reasonable period of at least 28 days after giving the notice.
• (i) the rent or instalments owing; and
• (ii) the penalty interest accruing each day; and

sec.68 Reinstatement of cancelled licence or permit

This section applies if— a designated officer cancels a licence or permit to occupy under section 67 because the person who held the licence or permit (the former holder ) had not paid— an amount of rent or instalments for the licence or permit; or penalty interest on the amount; and the designated officer considers the former holder had a reasonable excuse for not paying the rent, instalments or penalty interest; and the former holder pays the full amount of the rent, instalments or penalty interest owing in relation to the licence or permit. The designated officer may reinstate the licence or permit to occupy. (sec.68-ssec.1) This section applies if— a designated officer cancels a licence or permit to occupy under section 67 because the person who held the licence or permit (the former holder ) had not paid— an amount of rent or instalments for the licence or permit; or penalty interest on the amount; and the designated officer considers the former holder had a reasonable excuse for not paying the rent, instalments or penalty interest; and the former holder pays the full amount of the rent, instalments or penalty interest owing in relation to the licence or permit. (sec.68-ssec.2) The designated officer may reinstate the licence or permit to occupy.

• (a) a designated officer cancels a licence or permit to occupy under section 67 because the person who held the licence or permit (the former holder ) had not paid— (i) an amount of rent or instalments for the licence or permit; or (ii) penalty interest on the amount; and
• (i) an amount of rent or instalments for the licence or permit; or
• (ii) penalty interest on the amount; and
• (b) the designated officer considers the former holder had a reasonable excuse for not paying the rent, instalments or penalty interest; and
• (c) the former holder pays the full amount of the rent, instalments or penalty interest owing in relation to the licence or permit.
• (i) an amount of rent or instalments for the licence or permit; or
• (ii) penalty interest on the amount; and

Prescribed terms of particular interests

sec.69 Prescribed terms of types of relevant interests— Act , s 255

For section 255 of the Act — each term stated in schedule 3 is a prescribed term of a trustee lease or trustee sublease of the type stated in the schedule; and each term stated in schedule 4 is a prescribed term of a sublease of the type stated in the schedule.

• (a) each term stated in schedule 3 is a prescribed term of a trustee lease or trustee sublease of the type stated in the schedule; and
• (b) each term stated in schedule 4 is a prescribed term of a sublease of the type stated in the schedule.

sec.70 Transition period from commencement of prescribed term— Act , s 256

For section 256 (6) of the Act , definition transition period , the period prescribed is 1 year.

sec.71 Transition period from commencement of amended prescribed term— Act , s 257

For section 257 (4) of the Act , definition transition period , the period prescribed is 1 year.

Registration and dealings

sec.72 Land for which register must be kept— Act , s 276

For section 276 (j) of the Act , harbours corporation land is prescribed. In this section— continuing powers means powers mentioned in the repealed Harbours Act 1955 , section 64 or 196 as in force immediately before the commencement of the Transport Infrastructure Act 1994 , expired section 232 . The Transport Infrastructure Act 1994 , expired section 232 commenced on 1 July 1994. harbours corporation land means the land for which, under the Transport Infrastructure Act 1994 , expired section 232 (3) (including under a decision of the Governor in Council), the Minister may exercise continuing powers for the State. (sec.72-ssec.1) For section 276 (j) of the Act , harbours corporation land is prescribed. (sec.72-ssec.2) In this section— continuing powers means powers mentioned in the repealed Harbours Act 1955 , section 64 or 196 as in force immediately before the commencement of the Transport Infrastructure Act 1994 , expired section 232 . The Transport Infrastructure Act 1994 , expired section 232 commenced on 1 July 1994. harbours corporation land means the land for which, under the Transport Infrastructure Act 1994 , expired section 232 (3) (including under a decision of the Governor in Council), the Minister may exercise continuing powers for the State.

sec.73 Persons who may witness execution of document— Act , s 310

For section 310 (2) (b) of the Act , a person mentioned in the Land Title Act 1994 , schedule 1 is prescribed.

sec.74 Requirements for general authority to sublet— Act , s 333

For section 333 (3) of the Act , each of the following requirements is prescribed for an authority under section 333 (1) of the Act for a sublease of a lease— the areas of the lease and the sublease must be clearly identified in the sublease; for a lease that is mortgaged, the mortgagee’s written consent to the sublease must be endorsed on the sublease; the purpose for which the sublease is granted must not be inconsistent with the purpose for which the lease was granted; the term of the sublease must be less than the balance of the term of the lease.

• (a) the areas of the lease and the sublease must be clearly identified in the sublease;
• (b) for a lease that is mortgaged, the mortgagee’s written consent to the sublease must be endorsed on the sublease;
• (c) the purpose for which the sublease is granted must not be inconsistent with the purpose for which the lease was granted;
• (d) the term of the sublease must be less than the balance of the term of the lease.

Dispute resolution

sec.75 Prescribed dispute resolution entities—Act, 339A

For section 339A of the Act , definition prescribed dispute resolution entity , the following entities are prescribed— the Queensland Law Society Incorporated; the Resolution Institute ABN 69 008 651 232.

• (a) the Queensland Law Society Incorporated;
• (b) the Resolution Institute ABN 69 008 651 232.

sec.76 Matters arbitrator must consider in deciding dispute— Act , s 339Q

For section 339Q (4) of the Act , this section prescribes the matters the arbitrator must consider in deciding a dispute. The arbitrator must consider any evidence relating to the dispute given to the arbitrator. (sec.76-ssec.1) For section 339Q (4) of the Act , this section prescribes the matters the arbitrator must consider in deciding a dispute. (sec.76-ssec.2) The arbitrator must consider any evidence relating to the dispute given to the arbitrator.

sec.77 Matters arbitrator must consider for deciding costs— Act , s 339U

For section 339U (4) of the Act , the following matters are prescribed— whether or not a party to the dispute has complied with chapter 6 , part 4 , division 3A of the Act in relation to the dispute; whether a party to the dispute has made a frivolous or vexatious claim in the arbitration; whether a party to the dispute has complied with an order or direction of the arbitrator; whether a party to the dispute has participated in the arbitration in good faith; the amount of any fees incurred because of the appointment of experts under section 339R of the Act .

• (a) whether or not a party to the dispute has complied with chapter 6 , part 4 , division 3A of the Act in relation to the dispute;
• (b) whether a party to the dispute has made a frivolous or vexatious claim in the arbitration;
• (c) whether a party to the dispute has complied with an order or direction of the arbitrator;
• (d) whether a party to the dispute has participated in the arbitration in good faith;
• (e) the amount of any fees incurred because of the appointment of experts under section 339R of the Act .

General

Unlawful occupation

sec.78 Minimum period for compliance with trespass notice— Act , s 406

For section 406 (6) of the Act , the period prescribed is— for a trespass notice for camping—4 hours; or for a trespass notice for building, placing or maintaining a relevant improvement on land—28 days; or for a trespass notice related to another trespass act—7 days. In this section— relevant improvement means an improvement, other than— a fence; or an outbuilding; or carport, shed, toilet an apparatus for raising, holding or conveying water; or a cultivation, garden, orchard or plantation. (sec.78-ssec.1) For section 406 (6) of the Act , the period prescribed is— for a trespass notice for camping—4 hours; or for a trespass notice for building, placing or maintaining a relevant improvement on land—28 days; or for a trespass notice related to another trespass act—7 days. (sec.78-ssec.2) In this section— relevant improvement means an improvement, other than— a fence; or an outbuilding; or carport, shed, toilet an apparatus for raising, holding or conveying water; or a cultivation, garden, orchard or plantation.

• (a) for a trespass notice for camping—4 hours; or
• (b) for a trespass notice for building, placing or maintaining a relevant improvement on land—28 days; or
• (c) for a trespass notice related to another trespass act—7 days.
• (a) a fence; or
• (b) an outbuilding; or Examples— carport, shed, toilet
• (c) an apparatus for raising, holding or conveying water; or
• (d) a cultivation, garden, orchard or plantation.

Declared beach areas

sec.79 Continuation of declaration of declared beach area— Act , s 431Q

For section 431Q (1) of the Act , the continuing area continues to be declared as a declared beach area. The declaration of the continuing area as a declared beach area under the repealed Land Regulation 2009 , section 49A continues under subsection (1) . In this section— continuing area means the proposed easements A, B and C on SP143259 situated in lots 69, 71 and 72 on plan FD395. The continuing area is a road under the Transport Operations (Road Use Management) Act 1995 . (sec.79-ssec.1) For section 431Q (1) of the Act , the continuing area continues to be declared as a declared beach area. (sec.79-ssec.2) The declaration of the continuing area as a declared beach area under the repealed Land Regulation 2009 , section 49A continues under subsection (1) . (sec.79-ssec.3) In this section— continuing area means the proposed easements A, B and C on SP143259 situated in lots 69, 71 and 72 on plan FD395. The continuing area is a road under the Transport Operations (Road Use Management) Act 1995 .

sec.80 Purpose of subdivision— Act , s 431T

For section 431T (3) of the Act , each section in this subdivision states use conditions for the declared beach area to which the section applies.

sec.81 Camping on declared beach area

A person must not camp on a declared beach area. Maximum penalty—20 penalty units. In this section— camp includes camping in a vehicle. (sec.81-ssec.1) A person must not camp on a declared beach area. Maximum penalty—20 penalty units. (sec.81-ssec.2) In this section— camp includes camping in a vehicle.

sec.82 Lighting fires on declared beach area

A person must not light, keep or use a fire on a declared beach area. Maximum penalty—20 penalty units. This section does not apply to a person who is— lighting or smoking a smoking product; or authorised under an Act to light, keep or use a fire. In this section— smoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 . s 82 amd 2023 SL No. 82 s 14 sch 1 ; 2021 SL No. 111 s 18 (amd 2023 SL No. 82 s 13 ) (sec.82-ssec.1) A person must not light, keep or use a fire on a declared beach area. Maximum penalty—20 penalty units. (sec.82-ssec.2) This section does not apply to a person who is— lighting or smoking a smoking product; or authorised under an Act to light, keep or use a fire. (sec.82-ssec.3) In this section— smoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 .

• (a) lighting or smoking a smoking product; or
• (b) authorised under an Act to light, keep or use a fire.

sec.83 Littering on declared beach area

A person must not put, or allow to be put, litter on a declared beach area, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. A person does not commit an offence under subsection (1) merely because the person puts litter on the declared beach area as an incident of the person’s use of the area and for no longer than is reasonably necessary for the use. (sec.83-ssec.1) A person must not put, or allow to be put, litter on a declared beach area, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (sec.83-ssec.2) A person does not commit an offence under subsection (1) merely because the person puts litter on the declared beach area as an incident of the person’s use of the area and for no longer than is reasonably necessary for the use.