Queensland Consolidated Acts Queensland Consolidated Acts(1) Subject to this Act, the lessee under a lease provided for by section 9(2) may at any time transfer, mortgage or sublease the tenement and may grant or take an easement that affects the tenement.
(2) Subject to this Act, a sublessee of a tenement held under a lease provided for by section 9(2) may enter into a sub-sublease of the tenement.
(3) A tenement held under a lease provided for by section 9(2) is a lease under the Land Act 1994 and the provisions of that Act relating to transfers, mortgages, subleases and sub-subleases of leases or to easements affecting leases apply in respect of such a tenement.
(3A) However--
(a) the expression qualified person used in those provisions means a person who is a qualified person within the meaning of this Act; and
(b) a reference in those provisions to the approval of the Minister shall be construed as a reference to the approval of the Minister within the meaning of that Act and of the Minister within the meaning of this Act.
(4) Notwithstanding the provisions of any other Act or rule or practice of law, it is not competent to any person who is not a qualified person to hold land or an interest in land in respect of which an indigenous council is charged with the functions of local government, without prejudice however to the powers and authorities conferred by law on mortgagees of such land, and any provision, whether of a testamentary instrument or of an instrument inter vivos, that purports to dispose of such land or an interest in such land (other than by way of a mortgage charge) to a person who is not a qualified person is void.