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Leases, licences and permits to occupy

Extending a rolling term lease

A rolling term lease is a lease issued either for:

  • tourism purposes for land on a declared island in the state leasehold land portfolio
  • agricultural, grazing or pastoral purposes, including leases on state forests and timber reserves (for rural leases, the lease area is 100 hectares or more).

Landholders can apply to extend their rolling term lease. You may apply at any time during the last 20 years of the term of the lease, unless there are special circumstances.

Note: If we have refused an earlier application and the reasons for refusal have not changed, your application may not be considered.

Survey plans

Landholders are required to have an adequate survey plan when applying for an extension of a rolling term lease. An adequate survey plan must meet certain minimum requirements. These include:

  • each subject parcel on the plan must have a unique identifier
  • dimensions must be shown for all boundaries of the subject land, which may be surveyed or unsurveyed
  • an area is shown for each subject parcel
  • secondary interests on the subject land are shown (e.g. easements)
  • the plan is endorsed by a cadastral surveyor.

Where the existing description of the lease does not meet the minimum requirements, we will provide written advice to the landholder as a requirement of extension.

We can also help in determining your survey plan status.

Type of plan required

In order to meet the minimum requirements, surveyors only need to prepare a compiled survey plan (instead of a more extensive field survey plan).

A compiled survey plan is developed following an investigation of available information that most accurately describes the extent of the land. A compiled survey plan must be prepared by registered land surveyors to ensure that the boundaries are described using appropriate expertise.

Landholders on neighbouring properties may be able to further reduce costs by employing a surveyor to undertake the work for both properties (as much of the information required to prepare a compiled plan is the same or similar for adjoining properties).

Surveying for freehold tenure

Landholders considering converting their lease/s to freehold tenure in the near future should consider obtaining a freehold standard survey instead of a compiled survey plan.

While a compiled survey plan satisfies the requirements for an extension to a rolling term lease, it will not meet the minimum requirements for a survey to convert a lease to freehold tenure.

We can help determine your survey requirements.

Finding a surveyor

A list of surveyors can be found on the Surveyors Board website or in the yellow pages under ‘surveyors - land’. Surveyors should be registered as a land surveyor (also referred to as a consulting cadastral surveyor).

How to apply

Your application should include:

To avoid processing delays, read the forms carefully and include all required information.

Lodging your application

You can lodge your application in person at your nearest business centre, by emailing to SLAMlodgement@dnrm.qld.gov.au or by posting it to Department of Natural Resources and Mines, State Land Lodgement, PO Box 5318, Townsville QLD 4810.

If a fee applies to your application, payment options are cash (in person only), EFTPOS (in person at some centres only), cheque (in person or by post), or credit card.

Cheques should be made out to the 'Department of Natural Resources and Mines' and marked 'not negotiable'.

If paying by credit card, attach a credit card payment form (PDF, 436.1KB). We will send you a receipt once we have established that your application meets all requirements and has been properly made.

Credit card payments are accepted in person, over the phone, or by Australia Post mail. Please do not send credit card payment forms by email.

How your application is assessed

We will assess your application against legislative requirements and our own policies, procedures and guidelines.

Policies and legislation

Other considerations

We will also ensure all outstanding rent on the lease has been paid and will take the opportunity to update the current conditions of the lease with new modern standard conditions. Note: Conditions include the imposed and regulated conditions as stated in the Land Act 1994 and Land Regulation 2009.

What happens next?

Once we have assessed your application, we will send you a written notice.

The written notice will set out the various conditions and requirements. You must complete the acceptance form and return it to us by the date specified or the offer will lapse.

The requirements that must be met before an extension can be considered may include:

  • acceptance of term and conditions of the lease
  • payment of outstanding debt
  • lodgement of a plan of survey, if needed
  • payment of all regulatory fees and charges.

We will seek the Minister’s approval to extend the rolling term lease only if you decide to accept and comply with all conditions of the written notice.

The term of the extension commences immediately after the current lease would otherwise have expired.

All the relevant encumbrances to which the lease is subject will continue, in the same priority order.

Related information

Contact

For more information, including advice on how to fill out application forms, contact your nearest business centre or call 13 QGOV (13 74 68).

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last updated
15 June 2016
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