Transferring a lease or licence
Information for mortgagees and receivers
Note: Parties who are a mortgagee in possession, a mortgagee exercising a power of sale, or an appointed receiver/manager will need approval to transfer a lease, regardless of whether an exemption noting is on the title. These parties need to follow the existing lease transfer process and seek approval to transfer a lease .
The Land Act 1994 has a number of requirements when an application to transfer a lease under a sale is made by either:
- a mortgagee in possession
- a mortgagee exercising a power of sale
- an appointed receiver or manager.
A mortgagee in possession may also have obligations under part 7 of the Property Law Act 1974.
Advising the Department of Resources
Mortgagees must notify us within 28 days of entering into possession of a mortgaged lease.
Please contact us as soon as possible if a lease is being transferred by a mortgagee or receiver.
Sale notification requirements
The lease must not be offered for sale by public auction or a contract of sale entered into until at least 28 days after the mortgagee has published a notice that the lease is for sale.
This notice should appear in a newspaper circulating generally in the locality of the lease.
Note: We are able to provide examples of notices and contact details for newspapers.
Public auction requirement
A mortgagee in possession must first offer the lease for sale by public auction unless we have given written approval to sell the lease by private contract.
Contact us
If you have any questions about these requirements, contact:
- SLAMlodgement@resources.qld.gov.au
- Phone: (07) 4447 9174
In this guide:
- Exemptions from needing our approval for a transfer
- Lease transfers for exempt leases or licence transfer
- Transferring a lease or licence when approval to transfer is required
- Transferring a lease or licence when approval to transfer is required
- Information for mortgagees and receivers
- Extending a rolling term lease