Any leaseholder can sublease (or sub-sublease) their land if they meet the requirements and conditions outlined below.
In addition, the proposed holder must be eligible to hold a sublease under the Land Act.
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Use this application to apply to sublease (or sub-sublease) leased land under the Land Act 1994.
Lodging this application costs fee 33931 per application. Application fees are non-refundable.
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.
Any leaseholder can sublease (or sub-sublease) their land if they meet the requirements and conditions outlined below.
In addition, the proposed holder must be eligible to hold a sublease under the Land Act.
Leases issued under the Land Act 1994 can only be sublet if the Minister for Resources, gives written approval, or you have an appropriate general authority to sublease. If a sublease is approved, the registered owner of the lease will continue to be liable for all lease conditions.
Information provided here also covers sub-subleases.
To be approved, the sublease must:
Requirements are detailed in our Policy on Minister’s approval to sublease (PDF, 25KB).
Subleases aren't allowed or won't be supported if:
You may have a rolling term lease extension applied to your title. The rolling term lease extension registered on the title doesn't start until the current lease term expires.
Therefore, you can't sublease any part of an approved rolling term lease extension until the extended lease term has started.
The prescribed terms framework aims to protect and clarify state and community interests in land that is subject to a trustee lease or trustee lease sublease created under the Land Act 1994.
All subleases of Land Act leases are subject to prescribed terms, whether registered in the Titles Registry or not.
The prescribed terms:
From 1 July 2020, the framework for prescribed terms replaces the mandatory standard terms document 713040803(MSTD) that previously applied to these types of leases.
You must not refer to the MSTD in any sublease of a Land Act lease document lodged for registration in the Titles Registry.
Read more on the prescribed terms contained in Schedule 4 of the Land Regulation 2020.
All general authorities for subleasing and the corresponding registered standard terms document (if any) must not refer to MSTD.
You can apply either:
To submit your online application, you'll need:
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.
To submit your PDF application, you'll need:
Once completed, submit your PDF application forms by:
Lodging this application costs fee 33931 per application. Application fees are non-refundable.
You can pay your application fee:
We'll send you a receipt after the online payment or for pdf once we've established that your application meets all requirements.
We'll assess your application against legislative requirements. We'll seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.
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:
The Minister may give 'in principle' approval for a sublease, which may be subject to conditions.
If the sublease is approved, we will provide you with a Titles Registry Form 18—General consent.
For the sublease to be valid, you must register it with the Titles Registry.
You can amend a registered sublease with our approval. You'll need to register an amendment to the sublease.
You don't need our approval to amend a sublease if you hold an appropriate general authority to the sublease.=
The amendment must not:
Information on this form, and any attachments, is being collected to process and assess your application under section 176K 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 can email stateland@resources.qld.gov.au if you don't want the department to contact you.
We may also compile or analyse statistics and conduct research. Any findings we publish won't include identifying personal information.
Under the Right to Information Act 2009, interested parties may seek access to our records and view relevant documents.
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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.