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Leases

There are many types of leases.  Leases may be negotiated for a business premise or for retail use.  Government land can be leased for rural purposes or for facilitating development or providing community infrastructure.  Many leases will be governed by the Retail Shop Leases Act 1994 and will consequently have a number of disclosure requirements to be fulfilled.

Whatever type of lease you are negotiating, Quinn & Scattini Lawyers can assist with professional representation, negotiation and handling of contracts and documents.

The State Rural Leasehold Land Strategy was initiated in Queensland in 2008.  It is the product of an intensive consultation with the community and a partnership between the Queensland Government, AgForce Queensland and the Australian Rainforest Conservation Society.  The strategy has a number of measures and tenure incentives to continue profitable land use while maintaining land, vegetation and water in good condition.  Farmers and graziers who lease government land are able to get longer leases if they improve the condition of their land, under an innovative environment-focused land strategy affecting nearly 65% of Queensland.

The state periodically makes available lease land by competitive means (that is, by public auction, tender or ballot) or, sometimes an application is made by an interested party.  Before deciding to grant a lease, the chief executive must evaluate the land to determine if the lease is the most appropriate tenure for the land, and if the proposed use is the most suitable use. In this review, the state considers government policies and land planning guidelines, any relevant planning schemes, the Land Act 1994 (“the Act“), environmental issues, the views of community groups and local governments and, where the proposed lease is over a reserve, the trustee of the reserve.  If the land is in an urban development area under the Urban Land Development Authority Act 2007, the chief executive’s evaluation must take account of any development scheme or interim land use plan.

Commercial, industrial and development leases can involve significant investment.  Under the Act, these leases are term leases and known as ‘development leases’ and ‘special leases’.  A term lease may be issued for up to 50 years.  However, a term lease can be issued for up to 100 years if it is for significant development, a timber plantation or a development that involves existing improvements that in the minister’s opinion have required a high level of investment.

With increasing releases of state land and a boom in urban development, the need for professional lease management and handling has increased significantly.  Quinn & Scattini Lawyers understand the Queensland property market and recent changes in government strategies that are promoting business, agriculture, mining and urban development. 

Whatever type of lease you are negotiating, we can offer exceptional representation.

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