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Responsibilities of landholders

Purpose and conditions

Landholders must use the land only for the purpose for which the tenure was issued and must comply will all conditions. Landholders may apply for a change of purpose to their lease and for a change of conditions to their lease, licence or permit to occupy.

Other approvals and charges

Landholders are responsible for obtaining any other required approvals from state or local governments or other authorities, as well as paying any additional fees that may relate to the tenure.

Duty of care

Landholders must maintain the land in good condition, for example by implementing good land management practices and preventing land degradation and contamination.

Tree clearing

Tree clearing is not permitted unless a tree clearing permit has been issued by the Department of Natural Resources, Mines and Energy.

Quarry material, forest, mineral and petroleum products

The rights to these are reserved for the state in accordance with the Forestry Act 1959, Mineral Resources Act 1989 and the Petroleum Act 1923.

Rent

Landholders are required to pay an annual rent (due 1 September each year). Rents and instalments must be paid by the due date.

Rental arrangements for leases, licences and permits to occupy and freeholding leases are in accordance with the Land Act 1994 and the Land Regulation 2009.

See rents and hardship assistance for more information.

Cancellation

We can cancel a lease, licence or permit to occupy after giving reasonable notice if a landholder:

  • breaches a condition or the purpose of a lease
  • fails to comply with statutory requirements
  • fails to pay rent by the due date.

Voluntary surrender

Term leases and perpetual leases can be voluntarily surrendered, provided rents have been paid in full. The landholder must notify us at least 1 year before surrendering the lease. The original lease document must also be lodged with us.

Licences can be surrendered, providing all the rent has been paid.

Permits can be voluntarily surrendered, provided the rent has been paid. Permit holders may be allowed to remove any improvements they have made.