Queensland Consolidated Acts

LAND ACT 1994 - SECT 164

164 What is a rolling term lease

(1) A term lease is a
"rolling term lease" if any of the following circumstances apply to it—

(a) it is a lease for tourism purposes for land on a regulated island;

(b) it is a lease that—

(i) includes tidal water land the subject of a covenant ensuring the lease may only be transferred to a person if a tourism lease is also transferred to the person; and

(ii) the Minister has approved as a rolling term lease;

(c) it is a lease used for agriculture, grazing or pastoral purposes and the lease land is—

(i) rural leasehold land the area of which is 100ha or more; or

(ii) rural leasehold land the area of which is less than 100ha and the Minister has approved the lease as a rolling term lease; or

(iii) land that is not rural leasehold land and is not within a nature conservation area or specified national park;

(d) another provision of this Act provides the lease is a rolling term lease.

Example for paragraph (d)—

Under section 176A (3) , if a rolling term lease over 100ha in area is subdivided into 2 or more new leases, each new lease that is issued is a rolling term lease even if its lease land is less than 100ha in area.

(2) However, a State lease is not a
"rolling term lease" if the lease land is used for agriculture, grazing or pastoral purposes.

(3) In this section—

"tidal water land" means land that, under section 9 (1) , is the property of the State and may be dealt with as unallocated State land.

"tourism lease" means a term lease, or a perpetual lease, for tourism purposes for land on a regulated island.