Our application fees are non-refundable, so make sure you’re certain you need to make this application.
Parties who are a mortgagee or an appointed receiver/manager will need approval to transfer a lease, regardless of whether an exemption noting is on the title.
Lodging this application costs fee 33930 per title reference.
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.
Use the button at the base of the page to acknowledge you have understood and this will allow you to access the application form.
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The current registered lease holder or licence holder (the transferor), or an agent acting on their behalf, may apply.
The person the lease is being transferred to (the transferee) or their agent may apply if they have written consent from the current transferor or evidence in the contract of sale that the transferor agrees to the transferee making this application.
Associated licences or permits
If you are transferring a lease and an associated road licence, and there is no covenant that ties the 2 parcels, contact us to discuss requirements. You can email SLAMlodgement@resources.qld.gov.au or call (07) 4447 9174.
Permits to occupy can’t be transferred. If you are transferring a lease and have an associated permit to occupy, you should surrender the permit when the lease is transferred. The incoming leaseholder can then apply for a permit if required.
The Land Act 1994 has a number of requirements when an application to transfer a lease under a sale is made by either:
Please contact us as soon as possible if a lease is being transferred by a mortgagee or receiver.
Sale notification requirements
If you plan on selling a lease (either by public auction or contract), you must publish a notice of the sale at least 28 days beforehand.
Publish the notice somewhere it will be seen by the public who live in the area of the lease - for example, you could publish a notice in a local newspaper (section 346 of the Land Act 1994).
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.
You can apply either:
online
by printing and completing PDF application forms.
Online applications
To submit your online application, you’ll need:
views of the Economic Development Queensland (EDQ) if the lease or licence being transferred is within an industrial estate managed by EDQ
certified copy of the Trust document if the transferee’s tenancy to be held in trust
a certified copy of the Certificate of Incorporation if the lease/licence is to be held by an incorporated association or incorporated entity
evidence that all outstanding rent has been paid (see below)
statutory declaration about previous approval to transfer, if applicable (see below).
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.
PDF applications
To submit your PDF application, you will need:
Approval to transfer (PDF) application form
Contact and land details (online and PDF) application form
views of the Economic Development Queensland (EDQ) if the lease or licence being transferred is within an industrial estate managed by EDQ
certified copy of the Trust document if the transferee’s tenancy to be held in trust
a certified copy of the Certificate of Incorporation if the lease/licence is to be held by an incorporated association or incorporated entity
evidence that all outstanding rent has been paid (see below)
statutory declaration about previous approval to transfer, if applicable (see below).
Once completed, submit your PDF application forms by:
post to Department of Resources, PO Box 5318, Townsville QLD 4810.
Obtaining a rental clearance report
When you apply for our approval, we will need evidence that the current leaseholder or licence holder has paid any outstanding rent (including deferred rent) or penalty interest.
You can get this evidence, along with information about how much rent may be outstanding, by requesting a rental clearance report by emailing LTLadmin@resources.qld.gov.au.
If you are the purchaser or an agent acting for one of the parties, within your email you will need to provide either a:
copy of the contract of sale
letter of authority from the current leaseholder or licence holder.
Prior approvals to transfer
If we previously granted an approval to transfer, but the transfer was not registered or lapsed, your application should include a statutory declaration from the leaseholder/licence holder or advice from their legal representative explaining that the transfer did not proceed.
Existing applications relating to the lease or licence
If you have already lodged an application relating to the lease or licence, please tell us in writing at the time you apply to transfer the lease or licence.
Lodging this application costs fee 33930 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.
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
refused.
If we approve the transfer, the requirements of the Registrar of Titles must be fully complied with regarding lodgement of registration of documentation. All enquiries as to whether a document is correct for the purpose of registration should be referred to Titles Queensland.
When a lease or licence is transferred, any liabilities, including any outstanding rent and interest, become the responsibility of the incoming leaseholder or licence holder.
Lodging your forms with the Titles Registry
If your application is approved, we will send you a Titles Registry Form 18 – General consent.
Any additional conditions will be attached on a Form 20 – Enlarged panel.
This must be done within 6 months of the approval date or the approval will lapse.
To complete the transfer, you must lodge the following information with the Titles Registry:
Titles Registry Form 1 – Transfer
Titles Registry Form 18 – General consent
Titles Registry Form 20 – Enlarged panel
Titles Registry Form 24 – Property information (transfer)
Rental clearance report showing that all outstanding rental has been paid
Statutory declaration signed by the incoming leaseholder or licence holder stating that they are aware of:
the condition of the land
the level of compliance with the conditions of the lease
This requires that a foreign person (as defined in the Act) who is purchasing a lease, or their trustee, lodge a Titles Registry Form 25 – Foreign ownership information for each interest acquired.
Hardship assistance
Hardship concessions and deferral of rent or instalments are not automatically passed on when a lease is transferred. If the incoming leaseholder is suffering hardship, they may be eligible to apply for deferral of rent or instalments. If the lease is for residential purposes, they may also be eligible for a reduction of rent.
Information on this form, and any attachments, is being collected to process and assess your application under section 322 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 2009interested parties may seek access to the department’s records and view relevant documents.
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.
