Queensland Numbered Acts

NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 161

161 Amendment of s 332 (Requirements for subleases)

(1) Section 332 (1) (a) (iii) —
omit.

(2) Section 332 (1) —
insert—

Note—

A sublease may be subject to a prescribed term. See chapter 5A.

(3) Section 332 (2) to (9) —
omit, insert—

(2) An application for the Minister’s approval—

(a) may be made by a lessee or sublessee even though subsection (1)(a)(ii) applies to the lessee; and

(b) must be accompanied by a copy of the proposed sublease.

(3) The Minister must consider the application and—

(a) if the Minister is satisfied the subleasing would be inconsistent with the purpose of the lease—must refuse to approve the application; or

(b) otherwise—may—

(i) approve the application, with or without conditions; or

(ii) refuse to approve the application.

Example of why the Minister may refuse to approve the application—

The subleasing would be inappropriate having regard to the purpose and conditions of the lease.

(4) If the Minister refuses to approve the application, the Minister must give the lessee a written notice of the decision that includes a statement of the reasons for the decision.

(5) The approval lapses unless the sublease is lodged in the land registry within 6 months after the approval was granted.

(6) The Minister may extend the time mentioned in subsection (5).

(7) The lessee may appeal against the Minister’s decision.