Lodging this application costs fee 33921 per title reference. Application fees are non-refundable.
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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If you hold an existing term or perpetual lease for rural leasehold land, submit this application if you want to subdivide your land to set up a family succession plan.
If you have a freeholding lease, we strongly encourage you to contact us before you apply.
You can’t apply for subdivision if your lease is:
an auction perpetual lease
a perpetual lease selection
an agricultural farm (started before 31 December 1991)
tied by condition or covenant to another lease or freehold
a freeholding lease where each new lease will be held only by a family member of the lessee and the unpaid purchase price is less than the minimum instalment payable
a freeholding lease with a current hardship concession and the unpaid purchase price is less than the reduced minimum instalment
any other freeholding lease where the unpaid purchase price is less than $6,750.
You can apply either:
online
by printing and completing PDF application forms.
Online applications
To submit your online application, you’ll need:
written consent from the lenders for all mortgages registered on the lease
written consent from all people or organisations that hold registered subleases on the lease
a plan, property sketch, or aerial photo overlay showing the proposed subdivision
a statement by the relevant local government of its views on the proposed subdivision
written consent of all registered interest holders.
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 is a help guide to assist you to complete your application.
PDF applications
To submit your PDF application, you’ll need:
Subdivision of a lease (PDF) application form
Contact and land details (online and PDF) application form
written consent from the lenders for all mortgages registered on the lease
written consent from all people or organisations that hold registered subleases on the lease
a plan, property sketch, or aerial photo overlay showing the proposed subdivision
a statement by the relevant local government of its views on the proposed subdivision
written consent of all registered interest holders.
Once completed, submit your PDF application forms by:
posting it to Department of Resources, PO Box 5318, Townsville QLD 4810.
Land rent
You must pay all outstanding rent before you submit your application, and continue to pay your rent while we process your application.
If we send you an offer to subdivide, you must also continue to pay your rent until you fulfil the conditions of the offer.
Lodging this application costs fee 33921 per title reference. Application fees are non-refundable.
You can pay your application fee:
via Mastercard or Visa credit card online, for applications made online
via credit card over the phone for PDF applications. 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 after the online payment or for pdf 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.
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.
Land Rent
You must continue to pay all land rent as it becomes due. If we send you an offer to subdivide, you must continue to pay your rent until the subdivision is finalised.
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.
If approved, a written offer will set out the various conditions and requirements. You must complete the acceptance form and return it to us by the date specified or the offer will lapse.
The offer will include conditions and requirements such as:
rent and rental category of the new leases
conditions applicable to the new leases
lodgement of a plan of survey, if needed
payment of all regulatory fees and charges.
Converting lease to freehold
We’ll look at your application’s individual merits and assess whether leasehold is the most appropriate tenure for the land. Depending on the circumstances, we may decide to convert the lease to freehold instead of the subdivision.
Granting tenures
The Minister grants the new tenures. Once you have accepted and satisfied all conditions of the offer, we will seek approval to issue the new tenures in your name.
The new leases issued will be for the same type and purpose as the original lease, unless otherwise agreed by the landholder and the Chief Executive.
If the subdivision is approved, you’ll need to surrender your existing lease before we can issue the new one. Any encumbrances on your existing lease will carry over to the new leases.
If the existing lease is a rolling term lease, each new lease offered will be a rolling term lease, even if the lease is less than 100 hectares.
Information on this form, and any attachments, is being collected to process and assess your application under section 176 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.
If your application is refused because you have not complied with the lease conditions, you can appeal against the decision.
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.