Conversion of a lease

At any time during its term, you can apply to convert your perpetual or term lease to freehold.

You don’t need to apply if we’ve already sent you a letter of offer to convert your lease.

Lodging this application costs fee 33918 per title reference. Application fees are non-refundable.

Next step

We strongly encourage you to arrange a pre-lodgement meeting with us before you apply. This can help to ensure you have the information you need to apply correctly. Contact your nearest business centre to organise a meeting.

Apply online now   Download form (PDF, 422.8 KB)

To access the application form

  1. Please read the information below.
  2. Use the button at the base of the page to acknowledge you have understood and this will allow you to access the application form.
|

Applications can be made by, or on behalf, of the leaseholder.

This application form can be used to convert the following:

  • perpetual lease, non competitive lease, grazing homestead perpetual lease, special lease or term lease to freehold
  • term lease for tourism purposes, on a regulated island or term lease for pastoral purposes to perpetual lease

You cannot convert the following:

  • freeholding leases
  • leases over reserves
  • leases that are subject to a condition precluding conversion
  • road and occupation licences
  • permits to occupy
  • leases over state forests and national parks and regional parks.

State forests, national parks and regional parks cannot be converted to freehold, as they are reserved for specific purposes.

If we’ve refused an earlier application or you’ve rejected an earlier offer to convert the lease to freehold or perpetual lease and there has been no relevant change in circumstances, your application may not be considered.

You can apply either:

  • online
  • by printing and completing PDF application forms.

Online applications

To submit your online application, you’ll need:

  • a property sketch and / or aerial photo with an overlay of the land area
  • views of the Economic Development Queensland if the lease is within an industrial estate managed by Economic Development
  • copies of documentation relating to unregistered agreements.

You, or a legal practitioner on your behalf, must electronically sign the application. It will then automatically be lodged through the online process.

Within the online application, there is a help guide to assist you to complete your application.

use helpers and videos within the form

PDF applications

To submit your PDF application, you’ll need:

  • Conversion of a lease (PDF) application form
  • Contact and land details (online or PDF) application form
  • a property sketch and / or aerial photo with an overlay of the land area
  • views of the Economic Development Queensland if the lease is within an industrial estate managed by Economic Development
  • copies of documentation relating to unregistered agreements.

Once completed, submit your PDF application forms by:

Lodging this application costs fee 33918 per title reference. Application fees are non-refundable.

You can pay your application fee:

  • via credit card over the phone. Departmental officer will contact you to organise the payment
  • via cheque by post. Cheques should be made out to the 'Department of Resources' and marked 'not negotiable'.

We'll send you a receipt once we've established that your application meets all requirements.

We will assess your application against legislative requirements. We will seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.

Policies and legislation

Native title

Our review will also include an assessment of whether native title issues need to be addressed, and how this should be done. Depending on the outcome, you may be required to address native title issues as a condition of the offer.

Commercial timber

We will also consider any commercial timber on the land when we assess your application. If commercial timber is present, you will usually be required either to enter into a forest consent agreement or pay for the value of any commercial timber. For more information, read:

We will also ensure all outstanding rent on the lease has been paid.

Once we have received the advice of other stakeholders and all issues have been investigated, we will send you a written notice of the decision. Your application may be:

  • approved
  • approved over a reduced area (approved in part)
  • refused.

If approved, the written notice will set out the various conditions and requirements you must comply with by the specified date. The offer will lapse if all offer conditions and requirements are not complied with.

The conditions may include:

  • payment of the purchase price, including GST (see below)
  • payment of stamp duty on the sale
  • lodgement of a plan of survey, if needed
  • payment of all regulatory fees and charges.

The new tenure may be offered for only part of the land.

The Governor in Council or the Minister for Resources grants the new tenure. Once you have accepted the offer and satisfied all conditions, we will seek approval to issue the tenure in your name.

The written offer will set out the purchase price and fees payable and other associated costs.

Unless a price or formula has already been stated in your lease  conditions, the purchase price will be determined by the Minister in accordance with the Land Regulation 2020The purchase price will be the total of:

  • for Category 11 tenures, the net present value of the land
  • for other tenures, the unimproved value of the land being offered, as if it were fee simple (freehold)

plus

  • the market value of any commercial timber on the land that is the property of the state.

The purchase prices will be calculated on the property value on the day the Minister receives the application.

The net present value (NPV) may change each year depending on market and financial trends. Any change applying for a new financial year commencing from 1st July will be prescribed in section 10 of the Land Regulation 2020.

Information on this form, and any attachments, is being collected to process and assess your application under section 166 of the Land Act 1994. The consideration of your application may involve consultation, and if so details of your application may be disclosed to third parties. They will not be otherwise disclosed outside the department unless required or authorised by law.

We may wish to contact you to seek your views on our service, to advise you of any legislative changes that might affect you, or to seek your participation in surveys or programs relevant to your application type. Any participation will be voluntary, and you may email stateland@resources.qld.gov.au if you do not wish for the department to contact you.

We may also compile or analyse statistics and conduct research. Any publication of findings will not involve the publication of identifying personal information.

In terms of the Right to Information Act 2009 interested parties may seek access to the department’s records and view relevant documents.

I have read and understood this information    Agree

Next step

We strongly encourage you to arrange a pre-lodgement meeting with us before you apply. This can help to ensure you have the information you need to apply correctly. Contact your nearest business centre to organise a meeting.

Apply online now   Download form (PDF, 422.8 KB)