Most Read Contributor in Australia, September 2016
The Newman Government announced on 12 August 2013 that it is
addressing Queensland's security of land tenure for rural
landowners. Many readers will be aware of the current problems with
security of land tenure on rural leases and the certainty that a
more secure process can provide for rural leaseholders.
As part of the State Government's response to the
Parliamentary Inquiry into the future and continued relevance
of government land tenure across Queensland, the Government is
proposing to introduce a rolling term lease under the Land Act
1994 to boost the security of tenure for rural lessees whilst
maintaining compliance with the Native Title Act 1993. The
rolling lease will streamline the lease renewal process for rural
leasehold land by allowing term leases to be automatically renewed
at expiry provided certain requirements have been met by a
The Government has stated that it intends to extend rural leases
which expire on or before 31 December 2015 and where an application
has already been made, for up to two years so that these renewals
can be considered under the proposed amended legislation.
While much of the proposed amendments are still being developed
by the Government, this announcement is indicative of a positive
way forward towards a more secure renewal process for rural
The table below summarises the key issues with the current
system of State land tenure on rural leases across Queensland and
how the Newman Government proposes to address these issues.
Rural Lessees are currently faced with:
The State Government proposes to:
uncertainty every time their lease is due for
inability to make long term investment
lack of security of tenure which affects the
confidence of investors and the leaseholder's negotiating power
introduce "rolling leases" which
allow rural producers to automatically renew their term leases
at expiry provided a limited number of requirements have been
provide rural lessees with 60-years of "rolling
streamline the lease renewal process
identify clear pathways for rural lessees to
upgrade from leasehold to freehold land
The Holding Redlich Agribusiness & Rural Industries team
will monitor the Government's proposed amendments and report on
any developments as they arise.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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