Queensland Consolidated Acts

LAND ACT 1994 - SECT 164F

164F Effect of extension

(1) If a rolling term lease is extended under this subdivision—

(a) the lease continues in force for the term of the extension; and

(b) the term of the extension commences immediately after the lease would otherwise have expired.

(2) Without limiting subsection (1) , on the commencement of the term of the extension (the
"extension commencement" ) of a rolling term lease under this subdivision—

(a) a condition of the lease that, immediately before the extension commencement, was or was taken to be, under this Act, an imposed condition of the term lease, continues as an imposed condition of the term lease as extended; and

(b) the term lease as extended is a lease for the same purposes as the purposes of the term lease immediately before the extension commencement; and

(c) the rent payable for the term lease immediately before the extension commencement continues to be the rent payable for the lease as extended, subject to adjustments applying from time to time under this Act; and

(d) the lease as extended is subject to all relevant registered interests, and to all advices and notings in the land registry, to which the lease was subject immediately before the extension commencement, and in the same priorities; and

(e) all acts done or omissions made in relation to the lease before the extension commencement have effect in relation to the term lease as extended.

Example for paragraph (e)—

A remedial action notice could be given after the extension commencement in relation to something done before the extension commencement.

(3) The granting of an extension of a term lease under this subdivision does not stop the taking of action under this Act in relation to the lease, including, for example, action to end the lease, before the term of the extension commences or would otherwise have commenced.

(4) The term of a rolling term lease may be extended under this subdivision regardless of how many times it has previously been extended under this subdivision or under other provisions of this Act or the repealed Act providing for extensions.