Amending the description of a lease

Landholders can apply to change a lease’s description, as long as you meet certain conditions.

Conditions of amending  the description of a lease

Freeholding leases

You can apply to change your lease’s description if:

• the boundaries of the land do not agree with the boundaries described in the lease or plan
• you and another leaseholder agree to mutually exchange areas that adjoin a common boundary between your properties.

State leases (lease issued over a reserve)

You can apply to change your lease’s description if:

• the boundaries of the lease are not stated with certainty or don’t agree with the boundaries on the plan
• a survey of the land gives more accurate knowledge of the lease boundaries
• you and another leaseholder agree to mutually exchange areas that adjoin a common boundary between your properties, as long as both leases are within the boundaries of a single reserve
• there's an area of trust land to be included in the lease.

Term leases or perpetual leases

You can apply to change your lease’s description if:

• the boundaries of the lease are not stated with certainty or don’t agree with the boundaries on the plan
• a survey of the land gives more accurate knowledge of the lease boundaries
• you and another leaseholder agree to mutually exchange areas that adjoin a common boundary between your properties.

You can apply either:

• online
• by printing and completing PDF application forms.

Online applications

To submit your online application, you’ll need:

• a plan, property sketch or aerial photo overlay showing the proposed change
• written consent of all leaseholders if you’re planning a mutual exchange of areas.

The application must be signed (electronically) by the applicant or a legal practitioner on behalf of the applicant and will be lodged automatically through the online process.

Within the online application, there are helpers and videos to assist you to complete your application.

PDF applications

To submit your PDF application, you’ll need:

• Amendment to the description of a lease application (PDF) application form
• Contact and land details (online and PDF) application form
• a plan, property sketch or aerial photo overlay showing the proposed change
• written consent of all leaseholders if you’re planning a mutual exchange of areas.

Once completed, submit your PDF application forms by:

• using the online Part A - Contact and land details application form
• emailing SLAMlodgement@resources.qld.gov.au
• posting it to Department of Resources, PO Box 5318, Townsville QLD 4810.

Lodging this application costs fee 33932 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.

Policies and legislation

• Land Act 1994.

Native title

Our review will also include an assessment of whether native title issues need to be addressed, and how this should be done. Depending on the outcome, you may be required to address native titles issues as a condition of the offer.

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
• approved over a reduced area (approved in part)
• refused.

Surveying the property

A registered cadastral surveyor must complete a survey of the boundaries of the land, in accordance with our survey standards and requirements.

If your land has a water boundary (in part or entirely), the survey must meet the special requirements set out in Chapter 4 of our cadastral survey requirements.

Surveying boundaries that adjoin tidal water currently has some restrictions. A surveyor will be able to advise you on how to proceed with these surveys.

Information on this form, and any attachments, is being collected to process and assess your application under section 360C 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 2009 interested parties may seek access to the department’s records and view relevant documents.