Types of land tenure

Leases are issued over state land for specific purposes, including:

• pastoral purposes
• grazing
• commercial or industrial purposes
• tourism  on Queensland islands or other prime sites
• various types of developments
• land seaward of a property boundary
• existing reserves (e.g. to a sporting organisation or club).

Leases may only be used for the purpose for which they are issued.

Term leases

Term leases expire at the end of the last day of the lease term, and the leaseholder loses possession of the land. Any improvements on the land become the property of the state, unless otherwise stated in the conditions of the lease.

The maximum term is 50 years, except for:

• State leases over reserves, which have a maximum term of 30 years
• a lease for a significant development, timber plantation or a lease with significant improvement investment, which may be granted for up to 100 years.

Generally, renewal of a term lease may only be considered after 80 per cent of the term of the lease has elapsed. The lease must be renewed before the lease expires.

Certain term leases are rolling term leases. A rolling term lease may include a lease either for tourism for land on or tidal waters adjoining a regulated island or agricultural, grazing or pastoral purposes, including leases on state forests, and timber reserves.

A rolling term lease is still a term lease with an expiry date. The term of a rolling term lease though may be extended without the lease being renewed. If the term is extended, the extended term commences immediately on expiry of the previous term.

Perpetual leases

These leases are held by the leaseholder in perpetuity (not for 99 years as commonly believed) and issued for a specific purpose (e.g. agricultural or commercial).

Perpetual leases must only be used for the purpose for which the lease is issued.

A perpetual lease may only issue now if the requirements of section 15(3) of the Land Act 1994 are satisfied.

Freeholding leases

A freeholding lease is issued when a landholder is able to elect to pay the purchase price for their lease in instalments over a number of years. On receipt of the final instalment, the lease is converted to freehold.

Note: freeholding leases may now only be issued for conversion of a non-competitive lease or a special lease (other than a lease for grazing or agricultural purposes) issued under the repealed Lands Act.

Read about historical leasehold types (PDF, 131.7 KB) .

Freeholding leases also replaced mining titles freeholding leases granted under the repealed Mining Titles Freeholding Act 1980.