Queensland Consolidated Acts

LAND ACT 1994 - SECT 159

(1) The chief executive must consider the following before deciding whether or not to offer a new lease, the conditions of the offer or the imposed conditions of the new lease—

(a) the interest of the lessee;

(b) whether part of the lease land should be set apart and declared as State forest under the Forestry Act 1959;

(c) whether the public interest could be adversely affected, other than for an issue mentioned in paragraph (b), if the lease were renewed;

(d) whether part of the lease land is needed for environmental or nature conservation purposes;

(e) the condition of the lease land;

(f) the extent to which the lease land suffers from, or is at risk of, land degradation;

(g) whether the lessee has complied with, or to what extent the lessee has complied with, the conditions of the lease and any land management agreement for the lease;

(h) whether part of the lease land has a more appropriate use from a land planning perspective;

(i) whether part of the lease land is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like issues make it special;

(j) whether part of the lease land is needed for a public purpose;

(k) whether part of the lease land is needed for property build-up purposes of other properties without reducing the remaining land to less than a living area;

(l) whether the lease land could be subdivided without reducing the remaining land to less than a living area;

(m) whether a new lease is the most appropriate form of tenure for the lease land;

(n) the lessee's record of compliance with this Act;

(o) the natural environmental values of the lease land.

(2) However, subsection (1)(d) applies only if the NCA department has given the chief executive—

(a) a written notice stating the environmental or nature conservation purposes for which the part of the lease land is required; and

(b) either—

(i) a map showing the required particulars for a map of the part; or

(ii) a description of the boundary of the part by reference to Map Grid of Australia 1994 coordinates and zone references for the area.

(3) If the lease contains a reservation that part of the lease land is a future conservation area the chief executive can not offer a new lease for that part.

(4) To remove any doubt, it is declared that, to the extent the lease land is in an urban area, the chief executive need not consider any issue that is not relevant to an urban environment.

Example of an issue not relevant to an urban environment—

whether part of the lease land should be set apart and declared as State forest

(5) In considering the natural environmental values of the lease land, the matters to which the chief executive must have regard include any advice about the values the chief executive receives from the NCA department.