Queensland Consolidated Acts

LAND ACT 1994 - SECT 154

154 Minister may approve additional purposes

(1) The Minister may approve an application by a lessee that a lease be used for additional or fewer purposes.

(2) However, the Minister may approve an application by a lessee that a lease be used for an additional purpose only if—

(a) the additional purpose is complementary to, and does not interfere with, the purpose for which the lease was originally issued; or

(b) the additional purpose relates to the production of energy from a renewable source, including, for example, the sun or wind.

(3) If the application is approved, the lessee must be given notice of—

(a) the approval; and

(b) any change of rental category; and

(c) whether or not there will be an increase or decrease in the rental for the remainder of the current rental period; and

(d) if additional rent is payable—the time by which the additional rent must be paid; and

(e) whether and in what way the lessee should apply under section 210 to change the conditions of the lease, having regard to the proposed purposes for which the lease is to be used.

(4) The application must be accompanied by the written consent of all persons with a registered interest in the lease.

(5) However, consent under subsection (4) must not be unreasonably withheld.

(6) To remove any doubt, it is declared that an application under subsection (1) may be both for the addition of 1 or more purposes and for the removal of 1 or more purposes.

(7) If the lessee agrees with the matters notified under subsection (3) (b) to (d) , and there is no associated change of conditions proposed under section 210 , the purposes of the lease, as changed, must be registered.

(8) If the lessee agrees with the matters notified under subsection (3) (b) to (d) , and the Minister and the lessee have agreed under section 210 to any associated change of conditions proposed under that section, the purposes of the lease, as changed, must be registered in conjunction with the registration of the change of conditions.

(9) A change in the purposes of a lease is binding from the day the purposes, as changed, are registered.