Queensland Consolidated Acts(1) A lease, licence or sublease may be transferred—
(a) to a person only if the person is eligible to hold the lease, licence or sublease under this Act; and
(b) only if the Minister has given written approval to the transfer.
(1A) However, a lease, licence or sublease may not be transferred if a provision of this Act or a condition of the lease, licence or sublease prohibits the transfer.
(1B) A lessee, licensee or the holder of a sublease may apply for approval to transfer a lease, licence or sublease.
(2) The Minister's approval lapses unless the transfer is lodged in the land registry within 6 months after the Minister's approval.
(3) The Minister may extend the time mentioned in subsection (2).
(4) The Minister's approval may be given on the conditions the Minister states, including—
(a) that all rent and charges owing to the State on the lease or licence are paid before the transfer is lodged; and
(b) that the lodgement of the transfer must be accompanied by a statutory declaration signed by the incoming lessee or licensee stating the incoming lessee or licensee is aware of—
(i) the condition of the land; and
(ii) the level of compliance with the conditions of the lease and any land management agreement for the lease, or the licence; and
(iii) any current property vegetation management plans affecting the lease or licence; and
(iv) any current agreements under an Act affecting the lease, including any land management agreement, or the licence; and
(v) if, were the transfer to be registered, section 325(4) and (5) would apply—the provisions of section 325(4) and (5).
(5) If the Minister decides not to approve a transfer, the transferor must be given written notice of the decision and the reasons for the decision.
(6) The transferor may appeal against the Minister's decision.
(7) To remove any doubt, it is declared that the Minister's approval is not needed to transfer a mortgage.
(8) If a lessee holds a general authority under section 333, the authority is taken to be an approval under this section for any transfer in relation to a sublease of the lease.
(9) In this section—
transfer, of a lease, licence or sublease, includes, if it is held by persons as tenants in common, a transfer by 1 or more of the tenants in common of all or part of their interest in the lease, licence or sublease to someone else.