Queensland Consolidated Acts

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LAND ACT 1994 - SECT 240L

Entry into possession and sale

240L Entry into possession and sale

(1) This section applies if the chief executive enters into possession of the lease to sell the lease under this subdivision.
(2) The chief executive must advise the lessee that the chief executive is entering into possession.
(3) The lessee must, in the lessee’s capacity as lessee, immediately vacate the lease land.
(4) The chief executive enters into possession of the lease to the exclusion of the lessee’s interests under the lease.
(5) If the lessee does not vacate the lease land under subsection (3) , and is not otherwise entitled to possession, the lessee is a person who is unlawfully occupying the lease land.
Note—
Action for trespassing may be taken under chapter 7 , part 2 .
(6) Until the chief executive sells the lease, the chief executive may act in the place of the lessee for all matters in relation to the administration of the lease, including for example for all matters concerning the holders of any subleases over the lease.
(7) The Minister may, for the proper administration of the lease until it is sold, change the imposed conditions as they apply to the lease, and may take action to have the changed conditions registered.
(8) Despite subsection (6) , the chief executive does not become liable to pay any amounts payable by the lessee in relation to the lease.
(9) Without limiting subsection (8) , the chief executive is not liable to pay any amount payable by the lessee to the holder of any registered interest in the lease.
(10) While the chief executive is in possession, any amounts otherwise payable to the lessee by any person in relation to the lease, including rent payable by a sublessee, must be paid to the chief executive.
(11) The chief executive must execute the transfer of the lease.



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