LAND REGULATION 2020 - As at 26 June 2020

Queensland Subordinate Legislation as Made

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LAND REGULATION 2020 - As at 26 June 2020 - Reg 106 of 2020

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Definitions

PART 2 - RESERVES AND DEEDS OF GRANT IN TRUST

Division 1 - Adoption of model by-laws by trustee

4. Way of adopting model by-law—Act, s 56

Division 2 - Trustee leases and trustee permits

Subdivision 1 - Requirements for trustee permits

5. Requirements for trustee permit—Act, s 60

Subdivision 2 - Statutory bodies exemption

6. Statutory body to which rent expenditure limitation does not apply—Act, s 63

Subdivision 3 - Requirements for trustee leases

7. Requirements for relevant lease—Act, s 64

Division 3 - Other matters

8. Minimum amount of yearly income for trustee’s accounting functions—Act, s 47

PART 3 - MATTERS AFFECTING LAND HOLDINGS

Division 1 - Purchase price and valuations for particular purposes

9. Deciding purchase price for particular purposes—Act, ss 109C, 122, 123A and 170
10. Net present value
11. Deciding purchase price for land in operational reserve—Act, s 34IA
12. Deciding unimproved value of particular land—Act, ss 25, 69 and 127
13. Working out unimproved value of land
14. Value of commercial timber on particular forest entitlement area—Act, s 26B
15. Value of commercial timber—other land
16. Value of quarry material
17. Deciding cash premium for amalgamating closed road with particular lease land—Act, s 109C
18. Deciding purchase price for particular grants of unallocated State land—Act, s 122
19. Appeal against decision on purchase price for conversion

Division 2 - Regulated conditions of tenures

20. Regulated conditions of particular tenures—Act, s 212B

PART 4 - RENTS AND INSTALMENTS

Division 1 - Periods for which rents are payable

21. Rental period—Act, sch 6, definition rental period

Division 2 - Categorisation of tenures for rental purposes

Subdivision 1 - Rental categories

22. Rental categories of tenures—Act, sch 6, definition rental category
23. References to category of tenure

Subdivision 2 - Requirements for rental categories

24. Category 11.1 and 11.2 tenures
25. Category 12.1 and 12.2 tenures
26. Category 13 tenure
27. Category 14.1 tenure
28. Category 14.2 tenure
29. Category 15.1, 15.2, 15.3, 15.4 and 15.5 tenures
30. Category 16 tenure

Subdivision 3 - Allocating particular tenures to rental categories

31. Allocating particular lease or licence to rental category
32. Allocating particular permit to rental category

Division 3 - Valuations for rental purposes

33. Rental valuation

Division 4 - Amount of rent payable

Subdivision 1 - Calculating amount of rent for particular tenures

34. Minimum rent for tenures of particular categories
35. Rent for tenures of particular categories based on rental valuation

Subdivision 2 - Fixing amount of rent for particular tenures

36. Rent for tenures of particular categories
37. Rent for lease with particular title reference
38. Designated set rent

Subdivision 3 - Concessional rent

39. Charitable, recreational and sporting concessions
40. Development and investigation concessions
41. Residential hardship concession

Subdivision 4 - Adjusting amount of rent payable

42. No rent payable once offer to convert lease is accepted
43. Protection against undue rent increases
44. Rent adjustments for change of rental valuation or category of tenure
45. Rent adjustment for change of purpose and category of lease
46. Rent adjustment for change of area of lease or licence
47. How rent adjustment must be made

Division 5 - Payment of rent and instalments

48. Paying rent or instalments—general
49. When rent is payable
50. When instalments are payable
51. Extension of period for paying rent or instalments
52. Where rent or instalments must be paid
53. How rent or instalments must be paid
54. Overpayment of rent or instalments

Division 6 - Deferral of rent and instalments

Subdivision 1 - Deferral by declaration

55. Definitions for subdivision
56. Deferral of rent or instalments for declaration of hardship area
57. Extending period of deferral for declared hardship area
58. Fixing new payment day for declared hardship area
59. Effect of hardship deferral declaration on penalty interest

Subdivision 2 - Deferral by application

60. Hardship application for deferral of rent or instalments
61. Deferral of rent or instalments for particular tenure

Subdivision 3 - Ending of deferral

62. References to deferral
63. Revocation of deferral for change of circumstances
64. Cessation of deferral on transfer

Division 7 - Action for non-payment of rent or instalments

65. Obligation to pay penalty interest on unpaid rent or instalments
66. Calculation of penalty interest
67. Relevant action for non-payment of rent or instalments or penalty interest
68. Reinstatement of cancelled licence or permit

PART 5 - PRESCRIBED TERMS OF PARTICULAR INTERESTS

69. Prescribed terms of types of relevant interests—Act, s 255
70. Transition period from commencement of prescribed term—Act, s 256
71. Transition period from commencement of amended prescribed term—Act, s 257

PART 6 - REGISTRATION AND DEALINGS

72. Land for which register must be kept—Act, s 276
73. Persons who may witness execution of document—Act, s 310
74. Requirements for general authority to sublet—Act, s 333

PART 7 - DISPUTE RESOLUTION

75. Prescribed dispute resolution entities—Act, 339A
76. Matters arbitrator must consider in deciding dispute—Act, s 339Q
77. Matters arbitrator must consider for deciding costs—Act, s 339U

PART 8 - GENERAL

Division 1 - Unlawful occupation

78. Minimum period for compliance with trespass notice—Act, s 406

Division 2 - Declared beach areas

Subdivision 1 - Declaration of declared beach areas

79. Continuation of declaration of declared beach area—Act, s 431Q

Subdivision 2 - Use conditions

80. Purpose of subdivision—Act, s 431T
81. Camping on declared beach area
82. Lighting fires on declared beach area
83. Littering on declared beach area
84. Taking dogs into declared beach area
85. Accessing temporarily closed area

Division 3 - Miscellaneous

86. Continuation of declaration of regulated islands—Act, s 434A
87. Fees

PART 9 - CONTINUED RIGHTS AND TENURES

Division 1 - Freeholding leases

Subdivision 1 - All freeholding leases

88. Minimum instalments—Act, ss 457, 462 and 466

Subdivision 2 - Pre-Wolfe freeholding leases

89. Discount for pre-Wolfe freeholding lease—Act, s 457
90. Criteria for residential hardship concession—Act, s 459

Subdivision 3 - Post-Wolfe freeholding leases

91. Rate of interest for instalments—Act, s 462

Subdivision 4 - Relevant grazing homestead freeholding leases

92. Definition for subdivision
93. Rate of interest for instalments—Act, s 466
94. Discount for particular relevant grazing homestead freeholding leases—Act, s 466

Division 2 - Continued tenures generally

95. Threshold amount owing for subdivision of freeholding lease—Act, s 489

Division 3 - Other matters

96. Purchase price for freeholding of miner’s homestead lease—Act, s 499
97. Interest rate for overpaid rent for current miners homestead application—Act, s 500
98. Interest rate for overpaid rent for freeholding perpetual town lease (non-competitive lease)—Act, s 503I

PART 10 - REPEAL AND TRANSITIONAL PROVISIONS

Division 1 - Repeal provision

99. Repeal

Division 2 - Transitional provisions

100. Definition for division
101. Adoption of new model by-law
102. Undecided application for limited rent discount
103. Approved application for limited rent discount
104. Undecided hardship application for deferral

PART 11 - AMENDMENT OF REGULATIONS

Division 1 - Amendment of Land (COVID-19 Emergency Response—Waiver and Deferral of Rents and Instalments) Regulation 2020

105. Regulation amended
106. Amendment of s 3 (Interpretation)
107. Amendment of pt 4, div 2, hdg (Relationship with Land Regulation 2009)
108. Amendment of s 14 (Regulation prevails over inconsistent provision of Land Regulation 2009)
109. Amendment of s 15 (Overdue amount of rent not to be waived)
110. Amendment of s 16 (Overdue amount of rent or instalment not to be deferred)
111. Amendment of s 17 (Extension of deferral of rent under Land Regulation 2009)

Division 2 - Amendment of Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020

112. Regulation amended
113. Amendment of s 5 (Meaning of affected lease)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9

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