Surrender of a lease, licence or permit to occupy

Applications can be made by, or on behalf of the person who holds a lease, licence or permit to occupy or their legal representative.

For a lease the lessee must give the Department of Resources 1 years notice of the intention to surrender or pay 1 years rent in advance at the time of surrender, however this requirement in appropriate circumstances may be waived.

You can apply either:

• online
• by printing and completing PDF application forms.

Online applications

To submit your online application, you'll need:

• property sketch and / or aerial photo overlay
• written consent from any registered mortgagee or sublessee
• written consent from any party who holds a registered interest in the lease e.g. an easement.

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:

• Surrender of a lease, licence or permit to occupy (PDF) application form
• Contact and land details (online or PDF) or  application form
• property sketch and / or aerial photo overlay
• written consent from any registered mortgagee or sublessee
• written consent from any party who holds a registered interest in the lease e.g. an easement.

Once completed, your PDF application forms can be lodged 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.

This application does not require payment of an application fee.

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.

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, we will require a surrender document and the consent of any parties with a registered interest.

You will be required to immediately cease using the land and leave the land in a clean and tidy state.

When a lease, licence or permit to occupy is surrendered the ownership of any improvements becomes the property of the State and no compensation is payable. However, approval may be given to allow the lessee, licensee or permittee to remove any improvements within the agreed time.

Any outstanding rent and penalty owing to the state must be paid in full before the surrender can be finalised.

On registration of an absolute surrender, the rights an any interests under the lease, licence or permit to occupy end. However, a public utility easement may continue in accordance with section 372 of the Land Act 1994.

Information on this form, and any attachments, is being collected to process and assess your application under sections 105, 180A, 327C and 481A of the Land Act 1994. If required, we may need to consult with third parties such as relevant local or state agencies and adjoining property owners. Details provided to third parties will generally be limited to type of application, area applied for and intended use. Your personal information will not otherwise be disclosed unless authorised or required 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.