Queensland Consolidated Acts Queensland Consolidated Acts(1) If--
(a) default is made by a lessee under a lease provided for by section 9(2) in the payment of rent in respect of 2 successive years; and
(b) a notification of the default has been given to the lessee either personally or by registered post addressed to the lessee at his or her place of residence last known to the indigenous council that is charged with the functions of local government in respect of the tenement and the lessee has not responded to the notification within 30 days after it is given to the lessee; and
(c) a notice of a prescribed size has been exhibited in a prominent position on the tenement, at or near the entrance thereto, that the tenement is liable to be forfeited and such notice has been so exhibited for a period of 30 days at the least;
the lease shall, at the option of the Crown, be forfeited.
(2) Forfeiture under subsection (1) may be defeated by the payment, within 90 days after the last day on which the rent is payable under this Act, of the full amount of the rent together with such sum by way of penalty as the Minister administering the Land Act 1994 may impose.
(3) If the full amount of rent and penalty (if any) is not paid on or before 31 March next following the last day on which the rent is payable under this Act, the lease shall, at the option of the Crown without any inquiry or other process be forfeited.
(3A) However, the Minister administering the Land Act 1994 may waive the forfeiture and reinstate the lessee on payment of the arrears of rent due and the accrued penalty (if any).
(4) The mere acceptance by an indigenous council of rent or penalty in respect of any lease shall not be held to operate as a waiver by the Crown or by the Minister aforesaid of any forfeiture or liability to forfeiture of the lease.