Mandatory standard terms document for subleases subject to the Land Act 1994 (Qld)

The Department of Environment and Resource Management now has a mandatory standard terms document for subleases which are subject to the Land Act 1994 (Qld), which has been registered with the Queensland Land Registry Office (dealing number 713040803).

This standard terms document provides a common approach to subleasing across Queensland by outlining the Department’s specific requirements in relation to:

• subleases;
• mandatory standard terms document; and
• other supporting documentation.

 If a standard terms document is required, the sublease needs to:

• reference the Department’s mandatory standard terms document;
• outline the responsibilities of the leaseholder and the sublessee; and
• be approved by Department.

For a sublease, the following information must be submitted:

• application for approval of a sublease form, with both parts A and B completed;
  (Part B of the form can now be completed electronically, however applicants must still print out the form, sign it and submit it to the Department by mail. The form is available at www.derm.qld.gov.au)
• the prescribed application fee (if applicable);
• any additional attachments (as requested).

Any documents that form part of a sublease (including a standard terms document) should not include any definitions or clauses that conflict with the Department’s mandatory standard terms document.

Approval of any new sublease will be subject to the mandatory standard terms document. Applications currently being processed by DERM do not need to be subject to the mandatory standard terms document. However, if a registered standard terms document already exists then new subleases will not be subject to the mandatory standard terms document requirement until 1 July 2010. Any existing general authorities will be progressively reviewed by DERM and action taken to withdraw that authority and issue a new authority based on a standard terms document, which will reference the mandatory standard terms document.

The Department’s mandatory standard terms document does not apply to a sublease of a State lease over a reserve, but should be used as the guide for the Department’s requirements for these dealings.

For more information on the new process, please contact your nearest Department of Environment and Resource Management business centre or email stateland@derm.qld.gov.au.