QUEENSLAND LAND REGISTRY LEASE FORM 7 Version 6
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 1 of 17
Dealing NumberOFFICE USE ONLY
Privacy Statement
Collection of this information is authorised by the Land Title Act 1994 the Land Act 1994 and the Water Act 2000 and is used to maintain the publicly searchable registers in the land registry and the water register. For more information about privacy in NR&W see the department’s website.
1. Lessor
[insert name of Council] / Lodger (Name, address, E-mail & phone number) / Lodger Code
2. Lot on Plan Description / County / Parish / Title Reference
lot [insert] on [insert] / [insert] / [insert] / [insert]
3. Lessee Given names / Surname/Company name and number / (include tenancy if more than one)
[insert] / [insert name of Lessee]
4. Interest being leased
[insert details from the title – eg ‘fee simple in trust’ where the land is a DOGIT or ‘reserve’ in the case of a reserve under the Land Act]
5. Description of premises being leased
[this should be lot on plan for the particular premises eg ‘Lease # on SP # in Lot # on SP #’ if only part of the lot is being leased or ‘the whole of the land’ where the whole lot is being leased ]
6. Term of lease 99 years
Commencement date: insert date
Expiry date: insert date and/or Event:
#Options: Nil
#Insert nil if no option or insert option period (eg 3 years or 2 x 3 years) / 7. Rental/Consideration
$1.00 per annum
8. Grant/Execution
The Lessor leases the premises described in item 5 to the Lessee for the term stated in item 6 subject to the covenants and conditions contained in the attached Schedule A.
Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
signature
full name
See Enlarged Panel
qualification / /
Witnessing Officer Execution Date Lessor’s Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
9. Acceptance
The Lessee accepts the lease and acknowledges the amount payable or other considerations for the lease.
signature
full name
qualification / /
Witnessing Officer Execution Date Lessee’s Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
Document No: 4735825
QUEENSLAND LAND REGISTRY ENLARGED PANEL FORM 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 17
Title Reference [insert]
8. Grant/Execution
The Lessor leases the premises described in item 5 to the Lessee for the term stated in item 6 subject to the covenants and conditions contained in the attached Schedule A.
Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
Witnessing Officer / Execution Date / Lessor’s Signaturesignature
full name
qualification
as per Schedule 1 of Land Title Act 1994 (eg Legal Practitioner, JP, C.Dec) / / / / Signed for and on behalf of [insert Lessor’s name]
by (full name)
Mayor/Chief Executive Officer
(signature)
Document No: 4735825
QUEENSLAND LAND REGISTRY SCHEDULE A FORM 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 12 of 17
Title Reference [insert]
Reference Table
Premises description / Premises located at [insert street address].Lessor name and notice details / [insert Lessor details]
Delivery Address:
Postal Address:
Facsimile:
Email:
Attention:
Lessee name and notice details / [insert Lessee details]
Delivery Address:
Postal Address:
Facsimile:
Email:
Attention:
Rent / $1.00 per annum (if demanded)
Area / [insert area of the premises]
Local Government / [insert name of relevant local government]
Mortgagee name and notice details / [insert Mortgagee details]
Delivery Address:
Postal Address:
Facsimile:
Email:
Attention:
1. Interpretation and Definitions
1.1 In this Lease, the following definitions will apply:
Act means the Aboriginal Land Act 1991 (Qld);
Approvals mean any consent or approvals required by law;
Claim means any actions, claims, demands, proceedings, costs, losses, damages and expenses;
Commencement Date means the date specified in Item 6 on the Form 7;
Department means the department administering the Land Act 1994;
Expiry Date means the date specified in Item 6 on the Form 7;
Form 7 means the Form 7 lease which incorporates by reference the terms of this document;
Improvements means all improvements on the Premises at the Commencement Date, including all future improvements constructed or installed by the Lessee from time to time;
Land means the land described in Item 2 on the Form 7;
Land Act Minister means the Minister administering the Land Act 1994;
Land Court means the Court established under the Land Court Act 2000 (Qld);
Land Registry has the same meaning as that term in the Land Act 1994;
Lease means this document together with its schedules, plans and attachments and includes any variation which has been duly executed by the parties and registered in the Land Registry;
Lessee means the Lessee named in Item 3 on the Form 7 and unless inconsistent with the subject matter, includes all persons authorised by the Lessee;
Lessor means the lessor referred to in Item 1 on the Form 7, together with its successors and permitted assigns and unless inconsistent with the subject matter or context, includes all persons for the time being authorised by the Lessor;
Local Government means the local government specified in the Reference Table;
Minister means the minister from time to time administering the Act;
Mortgagee means the mortgagee specified in the Reference Table;
Permitted Use means the use specified in clause 2.1;
Plans mean the plans and specifications in Schedule C;
Premises mean the premises described in Item 5 of the Form 7 and shown on the plan attached as Schedule B and includes all Improvements;
Reference Table means the table and information on page 3 of this Lease;
Registrar means the chief executive under the Land Act 1994;
Relevant Condition means the obligations in clause 2 (Permitted Use), clause 3 (Construction of Dwelling) and clause 5 (Outgoings) and clause 10 (Transfer and Sub-leasing);
[note this definition will require amendment by deleting the reference to clause 10 (Transfer and Sub-leasing) if that clause is deleted from the lease]
Rent means the amount specified in the Reference Table;
Services mean those services provided by the Local Government and include potable water, sewerage, stormwater and drainage;
Term means the period specified in Item 6 on the Form 7; and
Utilities means those services provided by the Local Government or by an external provider including electricity, gas, telecommunications and rubbish removal.
1.2 In this Lease:
(a) words importing a gender include any other gender and words in the singular include the plural and vice versa;
(b) all monetary amounts refer to Australian currency;
(c) a reference to legislation includes subordinate legislation made under it and any legislation amending, consolidating or replacing it;
(d) a reference to an individual or person includes a corporation or other legal entity;
(e) a reference to a clause or schedule means a clause or schedule to this Lease;
(f) the headings are included for convenience of reference only and are not intended to affect the meaning of this Lease;
(g) if an expression is defined, other grammatical forms of that expression will have corresponding meanings;
(h) a reference to days or months means calendar days or months;
(i) if the day on which any act or thing is to be done under this Lease is a Saturday, Sunday or public holiday in the place where the act or thing is to be done, the act or thing may be done on the next business day in that place;
(j) if any conflict arises between the clauses in this Lease and the contents of any schedule, the clauses prevail; and
(k) an obligation on the part of two or more persons binds them jointly and each of them individually.
1.3 If a government department or agency mentioned in this Lease:
(a) ceases to exist; or
(b) is reconstituted, renamed or replaced;
and its powers or functions are transferred to another government department or agency, a reference to the government department or agency will include that other government department or agency.
2. Permitted Use
2.1 The Lessee must use the Premises primarily for private residential purposes.
2.2 The Lessee must not use the Premises for any other purpose without the Lessor’s prior consent.
3. Construction of Dwelling
3.1 If a private residential dwelling is not constructed on the Premises at the Commencement Date, then the Lessee must ensure that a private residential dwelling is constructed no later than 8 years after the Commencement Date.
3.2 At its cost, the Lessee must:
(a) obtain all Approvals for the construction of the dwelling; and
(b) ensure that the dwelling is constructed in a proper and workmanlike manner, using good quality materials and in accordance with the Approvals and the Plans.
4. Rent
4.1 The Lessee must pay the Rent to the Lessor if demanded.
5. Outgoings
5.1 The Lessee must pay all:
(a) charges for Services for the Premises;
(b) charges for Utilities for the Premises; and
(c) other statutory levies and charges payable by the occupier of the Premises.
6. Inspection by Lessor
6.1 After giving 20 business days’ notice to the Lessee, the Lessor or its agents may inspect the Premises.
6.2 These inspections may be undertaken annually, or at such other time during the Term where a reasonable cause for an inspection is stated in the notice. [this clause 6 can be deleted if the parties do not require it]
7. Removal of Trees
7.1 The Lessee must not destroy any trees on the Premises, unless in accordance with the Vegetation Management Act 1999, or the Sustainable Planning Act 2009.
8. Quiet Enjoyment
8.1 If the Lessee complies with the Lessee’s obligations under this Lease, the Lessee will be entitled to quiet enjoyment of the Premises without interruption or disturbance by the Lessor, or any person claiming under or through the Lessor.
9. Compliance with Laws
9.1 The Lessee will at its own cost punctually comply with and observe the requirements of all statutes, regulations, ordinances and local laws relating to the Lessee’s occupation of the Premises.
10. Transfer and Sub-leasing
10.1 The Lessee may transfer this Lease only with the prior consent of the Lessor. The Lessor must not unreasonably withhold consent to the transfer.
10.2 The Lessee may sub-lease the Premises only with the prior consent of the Lessor. The Lessor must not unreasonably withhold consent to the sub-lease.
10.3 The term of the sub-lease must not exceed the Term of this Lease and must end 1 day prior to the expiration of the Term of this Lease.
[this clause 10 can be deleted if the parties do not require it. Note if this clause is deleted, the definition of ‘Relevant Condition’ in clause 1.1 will also require amendment to delete the reference to clause 10]
11. Improvements and Alterations
11.1 In addition to the rights under clause 3, the Lessee, at its cost, may:
(a) construct and install on the Premises all additional improvements which the Lessee determines are necessary for the Lessee’s use of the Premises; and
(b) modify, extend or replace the Improvements (or any part of them) from time to time.
11.2 Before constructing any improvements under clause 11.1, the Lessee must obtain all applicable Approvals, at its cost.
11.3 All of the Improvements remain the property of the Lessee.
12. Insurance
12.1 The Lessee must take out and keep in force a public liability insurance policy covering the Lessee’s legal liability for any loss of, or damage to any property and for the injury (including death) to any person arising out of anything done, or omitted to be done on, or about the Premises and against all Claims in respect of that loss, damage or injury.
12.2 The public liability insurance policy must be for an amount of not less than $20 million in respect of all claims arising out of a single event, or such higher amounts as the Lessor may reasonably require from time to time.
12.3 The insurance policies referred to in clause 12.1 must be with an insurer authorised under the Insurance Act 1973 (Cth) and must name the Lessee as the insured.
12.4 The Lessee must renew the policies, at the Lessee’s expense, each year during the Term of this Lease and if requested by the Lessor, forward a certificate of currency to the Lessor.
12.5 Upon receipt of a notice of cancellation of the policy, the Lessee must immediately effect another policy in accordance with the provisions of this clause 12.
12.6 The Lessee must notify the Lessor, the Minister and the Land Act Minister as soon as practical of the occurrence of any event that the Lessee considers is likely to give rise to a claim under a policy of insurance effected. The Lessee must ensure that the Lessor, the Minister and the Land Act Minister are kept fully informed of subsequent actions and developments concerning the claim.
13. No Warranties
13.1 The Lessor gives no warranty as to the suitability of the Premises for the Permitted Use.
14. Release and Indemnity
14.1 The Lessee:
(a) indemnifies; and
(b) releases and discharges,
the Lessor, the Minister, the Land Act Minister and the State of Queensland represented by the Department (‘the Indemnified’) from and against all Claims which may be brought against, or made upon the Indemnified , or which the Indemnified may pay, sustain, or be put to by reason of, or in consequence of, or in connection with occupation and use of the Premises, except to the extent of any negligent or willful act or omission of the Indemnified, their employees, servants, contractors, or agents.
15. Default and Forfeiture
15.1 If the Lessee fails to comply with the Lessee’s obligations under this Lease, the Lessor may notify the Lessee of the breach and require the Lessee to remedy the breach within a time specified in the notice. The time must be reasonable having regard to the nature of the breach.