Extension of a rolling term lease

Landholders can apply to extend their rolling term lease once only at any time during the current term of the lease.

A term lease is a rolling term lease if any of the following apply:

• the lease is for tourism purposes for land on a regulated island
• the lease includes tidal water land used for tourism, and it’s the subject of a covenant that means the lease may only transfer if the adjoining tourism lease is also transferred
• the lease is used for agriculture, grazing or pastoral purposes, and is either:
  • rural leasehold land of 100 hectares or more
  • rural leasehold land with an area of less than 100 hectares which has been approved as a rolling term lease
  • not rural leasehold land within a nature conservation area or specified national park.

You can apply either:

• online
• by printing and completing PDF application forms.

Online applications

To submit your online application, you’ll need:

• documentation relating to any unregistered agreements agreements or arrangements in place for using the land (for example, tourism-based agreements, nature conservation agreements, transfers, subleases, easement).

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.

PDF applications

To submit your PDF application, you’ll need:

• Extension of a rolling term lease (PDF) application form
• Contact and land details (online or PDF) application form
• documentation relating to any unregistered agreements agreements or arrangements in place for using the land (for example, tourism-based agreements, nature conservation agreements, transfers, subleases, easement).

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 (Opens in new window)
• posting it to Department of Resources, PO Box 5318, Townsville QLD 4810.

Lodging this application costs fee Fee 36654 per title reference. Application fees are non-refundable.

You can pay your application fee:

• via credit card over the phone. A 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
• Land holdings: early renewal, rolling term lease extensions and conversion of leases (PDF, 625KB).

Survey plans

Landholders must have an adequate survey plan when applying to extend a rolling term lease. You must:

• ensure that each subject parcel on the plan has a unique identifier
• show dimensions for all boundaries of the subject land, which may be surveyed or unsurveyed
• show an area for each subject parcel
• show secondary interests on the subject land (for example, easements)
• have the plan endorsed by a cadastral surveyor.

We can help determine your survey plan status. If the existing description of the lease does not meet the minimum survey requirements, we’ll let you know so you can hire a surveyor to update the survey status.

To reduce costs, you and your neighbours could hire a surveyor together to complete the plan for your property and any adjoining properties (if the adjoining properties are also applying for an extension to their rolling term lease).

Type of plan required

A registered land surveyor, also known as a consulting cadastral surveyor, will need to prepare a compiled survey plan (instead of a more extensive field survey plan). The surveyor will investigate all available information to accurately describe the extent of the land.

Surveying for freehold tenure

If you’re thinking about converting your lease to freehold tenure, you should consider getting a freehold standard survey instead of a compiled survey plan. This will meet the requirements to convert your lease in the future.

We can help determine your survey requirements.

Finding a surveyor

A list of surveyors can be found on the Surveyors Board website or in the yellow pages under ‘surveyors - land’. Surveyors should be registered as a land surveyor (also referred to as a consulting cadastral surveyor).

Other considerations

We will also ensure all outstanding rent on the lease has been paid and will take the opportunity to update the current conditions of the lease with modern standard conditions. Conditions include the imposed and regulated conditions as stated in the Land Act 1994 and Land Regulation 2020.

Once we’ve 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.

We will seek the Minister’s approval to extend the rolling term lease only if you accept and comply with all of the conditions on the written notice.

The term of the extension starts immediately after the current lease was due to expire. All existing encumbrances on the lease will continue, in the same priority order.

Information on this form, and any attachments, is being collected to process and assess your application under section 164C of the Land Act 1994. (Opens in new window) 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.