Most Read Contributor in Australia, September 2016
Earlier in 2014 the Queensland Government enacted amendments to
the Land Act 1994 (Qld) (Act). The Act
deals mostly with State leasehold land.
One of the amendments to the Act relates to rolling term leases.
A rolling term lease is defined as:
a lease for tourism purposes for land on a regulated
a lease used for agriculture, grazing or pastoral purposes and
if the lease land is rural leasehold land, the lease land is 100ha
or more in area;
a lease used for agriculture, grazing or pastoral purposes, the
lease land is rural leasehold land less than 100ha in area and the
Minister has approved the lease as a rolling term lease;
allowed by another provision of the Act 1.
A lease is not considered to be a rolling term lease if the
lease land is used for agriculture, grazing or pastoral purposes,
unless the Minister is satisfied that this is the most appropriate
use of the land 2.
So long as the lease was not granted on the authority of another
act, the amendments to the Act now allow the Minister to extend the
term of any leases for the period of the initial term of the lease
3. This means that a lease which was initially granted
by the Minister for a period of 20 years can be extended for a
further period of 20 years.
The purpose for the introduction of these provisions is
stated to 'improve tenure security for term leases used for
agriculture, grazing and pastoral purposes and declared offshore
island tourism leases issued under the Act and begin to reduce red
tape and regulatory burden on landholders, business and
A lessee must use the State Government's prescribed forms in
order to apply for the extension of a rolling term lease.
Based on our discussions with various stakeholders and the State
Government it appears that the State Government is currently in the
process of sending letters to affected lessees, where appropriate,
asking whether a lessee would like to extend the term of their
It appears that there are time frames which apply to these
offers which lessees will need to ensure that they meet in order to
receive the benefit of the Minister's offer rather than needing
to make their own separate application.
As part of the Minister's renewal process, we have been
advised by a representative of the Department of Natural Resources
and Mines that they are planning to offer an amended condition to
lessees of forestry leases in the coming weeks. We are not certain
when orif this will come to fruition but it seems indicative of the
State Government's commitment to reducing red tape.
Lessees should keep an eye out for further notification by the
State Government in relation to State leasehold land which may
issue in the coming months.
Lessees should ensure that they review any amended terms
provided to them by the State Government and ensure they are
satisfied with the terms before signing any acceptance of the
If you have any further questions in relation to the above or
need further assistance in relation to your State leasehold land,
please contact Holding Redlich's Agribusiness & Rural
1Section 164 of the Act
2Sections 164 and 164A of the Act
3Section 164E of the Act
4 Explanatory notes – Land and Other
Legislation Amendment Bill 2014
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