Queensland Consolidated Acts

LAND ACT 1994 - SECT 158

158 Application for new lease

(1) The lessee of a term lease may apply for an offer of a new lease (a
"renewal application" ) unless—

(a) the chief executive has given the lessee a notice under section 157B (2) (a) and the chief executive is continuing to consider whether to make a decision under that section; or

(b) the chief executive has made either of the following decisions on the ground that a new lease is not the most appropriate form of tenure for the lease land—

(i) a decision not to make an offer of a new lease under section 157B ;

(ii) a decision to refuse an earlier renewal application; or

(c) a condition of the lease or this Act prohibits the renewal of the lease.

(2) A renewal application may be made only after 80% of the existing term of the lease has expired unless, in the Minister’s opinion, special circumstances exist.

(3) A renewal application may be rejected without being considered under section 159 if—

(a) the chief executive has made either of the following decisions other than on the ground that a new lease is not the most appropriate form of tenure for the lease land—

(i) a decision not to make an offer of a new lease under section 157B ;

(ii) a decision to refuse an earlier renewal application; and

(b) there is no relevant change in circumstances from the decision under section 157B or the earlier application.

(4) In this section—

"existing term" , of the lease, does not include an extension under division 1B of the term of the lease.