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:
- be consistent with the purpose and conditions of the lease
- be for a term that is no more than the balance of the lease term, less 1 day
- start no earlier than the date of the ministerial approval.
Requirements are detailed in our Policy on Minister’s approval to sublease (PDF, 25KB).
Leases that can't be sublet
Subleases aren't allowed or won't be supported if:
- the lease contains a condition prohibiting subleases
- the lease is for development purposes issued under the previous Land Act 1962
- the lease requires specific development and the development has not been finalised by the leaseholder
- the Land Act 1994 prohibits subletting the lease
- the lease contains a condition that specifically prohibits subletting.
Rolling term lease extensions
You may have a rolling term lease extension applied and recorded on your title. Once approved and recorded, a sublease can be registered for a term that is no more than the balance of the extended lease term, less 1 day.
Prescribed terms
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:
- define the legal requirements for entities holding a sublease of a Land Act lease
- ensure that the state’s interest and public benefit assigned to the land is protected
- apply to subleases of Land Act leases (irrespective of whether the sublease document references the new 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.
General authorities
All general authorities for subleasing and the corresponding registered standard terms document (if any) must not refer to MSTD.