Transferring a lease or licence

Transferring a lease or licence when approval to transfer is required

If you are not exempt from needing approval, you will have to:

• ensure outstanding rents and penalty interest has been paid
• apply for our approval for the transfer
• lodge your forms with the Titles Queensland, once we have approved the transfer.

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. If you are the current leaseholder or licence holder, simply email LTLadmin@resources.qld.gov.au.

If you are the purchaser or an agent acting for one of the parties, you can obtain a report by emailing LTLadmin@resources.qld.gov.au as long as you can provide either a:

• copy of the contract of sale
• letter of authority from the current leaseholder or licence holder.

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, please 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.

How to apply

The application can be submitted by the current or incoming leaseholder or licence holder or an agent acting on their behalf.

If anyone other than the current leaseholder or licence holder submits the application, then they will need to include the written approval of the current leaseholder or licence holder with the application.

Your application should include:

• Part A - Contact and land details - you can apply and lodge online via Part A – Contact and Land details or apply via Form LA00—Contact and land details (PDF, 293.6 KB)
• LA04 – Application for approval to transfer (PDF, 382.3 KB)
• Application fee
• Evidence that all outstanding rent has been paid
• Current leaseholder’s written authorisation, if applicable
• Statutory declaration about previous approval to transfer (if applicable, see below)
• Any additional attachments, as requested

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

Prior approvals to transfer

If we previously granted an approval to transfer, but the transfer wasn’t registered or lapsed, your application should include a statutory declaration from the leaseholder or licence holder or advice from their legal representative explaining that the transfer did not proceed.

Existing applications over the lease

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 your application

If you can't lodge your application online, apply through the PDF applications and lodge by emailing SLAMlodgement@resources.qld.gov.au or by posting it to Department of Resources, PO Box 5318, Townsville QLD 4810.

Payment options

If a fee applies to your application, payment options are cheque (by post) or credit card.

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

Credit card payments are accepted over the phone.

We will send you a receipt once we have established that:

• your application meets all requirements
• .you've accurately completed all parts of the application form.

Contact us

If you have any questions about lodging your application or payment, contact us by:

• email at SLAMlodgement@resources.qld.gov.au
• phone on (07) 4447 9174

How your application is assessed

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

• Land Act 1994
• Foreign Ownership of Land Register Act 1988
• Transfer of leases, licences and subleases policy (PDF, 584KB)

Lodging your forms with Titles Queensland

If your application is approved, we will send you a Form 18 – General consent. Any additional conditions will be attached on a Form 20 – Enlarged panel.

To complete the transfer, you must lodge the following information with Titles Queensland.

You must submit:

• Form 1 – Transfer
• Form 18 – General consent
• Form 20 – Enlarged panel
• 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
  • any current arrangements under other legislation
  • the annual rent and when it is payable.
• other information as required.

Foreign ownership requirements

The incoming leaseholder needs to be aware of the requirements of the Foreign Ownership of Land Register Act 1988.

This requires that a foreign person (as defined in the Act) who is purchasing a lease, or their trustee, lodge a 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 or licence is transferred. If the incoming leaseholder or licensee 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.

In this guide:

1. Exemptions from needing our approval for a transfer
2. Lease transfers for exempt leases or licence transfer
3. Transferring a lease or licence when approval to transfer is required
4. Transferring a lease or licence when approval to transfer is required
5. Information for mortgagees and receivers
6. Extending a rolling term lease

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