Queensland Consolidated Acts

LAND ACT 1994 - SECT 240M

240M Transition to sale agreement

(1) This section applies if the lessee and the chief executive enter into a transition to sale agreement.

(2) Until the chief executive sells the lease, the following apply—

(a) the Minister or chief executive may carry out a review of the imposed conditions of the lease as they apply to the lessee;

(b) the Minister or chief executive may, for the proper administration of the lease until it is sold, change the imposed conditions as they apply to the lessee, and may take action to have the changed conditions registered;

(c) the lessee must not, without the Minister’s or chief executive’s written approval, further deal with the lease;

(d) to the extent stated in the agreement—

(i) the lessee continues to pay rent payable under the lease; and

(ii) the lessee continues to receive rent and other amounts otherwise payable to the lessee in the lessee’s capacity as lessee; and

(iii) the lessee remains in possession of the lease land; and

(iv) the chief executive and other persons authorised by the chief executive may enter the lease land, including for purposes connected with the chief executive’s sale of the lease; and

(v) improvements may be dealt with, and development work may be performed, by the lessee or the chief executive; and

(vi) the lessee must perform tasks directed to the ongoing day-to-day administration of the lease, including the maintenance of the lease land;

(e) the remedies for or consequences of a breach of the agreement are those stated in the agreement.

(3) The chief executive must execute the transfer of the lease.

(4) When the transfer of the lease is registered, the chief executive must cancel the registration of the transition to sale agreement.

(5) If the lessee is in possession of the lease when the transfer of the lease is registered, subject to the transition to sale agreement, the lessee must immediately vacate the lease land.

(6) If the lessee does not vacate the lease land under subsection (5) , 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 .