Queensland Consolidated Acts

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ABORIGINAL LAND ACT 1991 - SECT 40M

40M Transfer or amendment of lease or sublease

(1) A lease or a sublease of a lease must not be transferred or amended without--

(a) if, under a condition of the lease, the transfer or amendment of the lease or sublease requires the consent of the trustee of the lease land--the trustee's prior written consent; and
(b) if, under this subdivision, the grant of the lease or sublease requires the consent of the Minister--the Minister's prior written consent.

(2) A person seeking the Minister's consent to the transfer or amendment of a lease or sublease must give the Minister the information or documents relevant to the proposed transfer or amendment reasonably required by the Minister.

(3) In considering whether to consent to the transfer of a lease or sublease, the Minister must consider whether the proposed transferee can comply with the conditions of the lease.

(4) The Minister may consent to the amendment of a lease or sublease only if the Minister is satisfied--

(a) the amendment does not significantly change the conditions of the lease or sublease; and
(b) the amended lease or sublease is for the benefit of persons for whom the trustee holds the land.

(5) Before the Minister consents to the transfer of a lease for more than 30 years for a commercial purpose, the Minister must--

(a) obtain an independent assessment of the proposed transferee's financial and managerial capabilities; and
(b) be satisfied, having regard to the independent assessment, that the proposed transferee's financial and managerial capabilities are appropriate for complying with the conditions of the lease.

(6) The proposed transferee must pay the cost of the assessment.

(7) The cost is not refundable.

(8) A lease or sublease of a lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.



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