Queensland Consolidated Acts

LAND ACT 1994 - SECT 322

322 Requirements for transfers

(1) A lease, licence or sublease may be transferred—

(a) to a person only if the person is eligible to hold the lease, licence or sublease under this Act; and

(b) only if—

(i) the chief executive has given written approval to the transfer; and

(ii) the transfer is not prohibited by a provision of this Act or a condition of the lease, licence or sublease.

(2) However, subsection (1) (b) (i) does not apply to the transfer of a road licence over a temporarily closed road to a person if—

(a) the licence is held by—

(i) the registered owner of freehold land (the
"subject land" ); or

(ii) the lessee of land leased under this Act (also the
"subject land" ); and

(b) the licence land and the subject land are both the subject of a covenant mentioned in section 373A (5) (c) ; and

(c) an interest in the subject land is also being transferred to the person; and

(d) for a person who is an individual, the person is an adult; and

Note—

Freehold land can be held under the Land Title Act 1994 by an individual who is a child. See section 28 of that Act. Land, including a road licence, can be held under this Act by an individual only if the individual is an adult. See section 142 .

(e) all charges owing to the State on the licence are paid before the transfer is lodged; and

(f) when the transfer is lodged, it is accompanied by a statutory declaration signed by the person stating—

(i) the person is aware of the conditions of the licence; and

(ii) any other matters prescribed by regulation for this paragraph.

(2A) If an exemption applies to a lease under section 322AA , subsection (1) (b) (i) does not apply to the transfer of—

(a) the lease; or

(b) a sublease of the lease.

(3) A lessee, licensee or the holder of a sublease may apply for approval to transfer a lease, licence or sublease.

(4) The chief executive’s approval lapses unless the transfer is lodged in the land registry within 6 months after the chief executive’s approval.

(5) The chief executive may extend the time mentioned in subsection (4) .

(6) The chief executive’s approval may be given on the conditions the chief executive states, including—

(a) that all rent and charges owing to the State on the lease or licence are paid before the transfer is lodged; and

(b) that the lodgement of the transfer must be accompanied by a statutory declaration signed by the incoming lessee or licensee stating the incoming lessee or licensee is aware of—

(i) the condition of the land; and

(ii) the level of compliance with the conditions of the lease and any land management agreement for the lease, or the licence; and

(iii) any current property vegetation management plans affecting the lease or licence; and

(iv) any current agreements under an Act affecting the lease, including any land management agreement, or the licence; and

(v) if, were the transfer to be registered, the land would be subject to an indigenous cultural interest—the provisions of section 202AA .

(7) If the chief executive decides not to approve a transfer, the transferor must be given notice of the decision and the reasons for the decision.

(8) The transferor may appeal against the chief executive’s decision.

(9) To remove any doubt, it is declared that the chief executive’s approval is not needed to transfer a mortgage.

(10) If a lessee holds a general authority under section 333 , the authority is taken to be an approval under this section for any transfer in relation to a sublease of the lease.

(11) In this section—

"transfer" , of a lease, licence or sublease, includes, if it is held by persons as tenants in common, a transfer by 1 or more of the tenants in common of all or part of their interest in the lease, licence or sublease to someone else.