The Department of Natural Resources and Mines (DNRM) now has a mandatory standard terms document for trustee leases, which has been registered with the Queensland Titles Registry Office (dealing number 711932933).
By outlining DNRM’s specific requirements in relation to trustee leases, the mandatory standard terms document, and other supporting documentation, provide a common approach to trustee leasing across the state, which will benefit all stakeholders.
Approval of any new trustee lease will be subject to the mandatory standard terms document. However, if a registered standard terms document already exists, then new trustee leases will not be subject to the mandatory standard terms document requirement until 1 January 2009. Applications currently being processed by DNRM will not be subject to the mandatory standard terms document.
Any documents that form part of a trustee lease, including a standard terms document, should not include any clauses that conflict the mandatory standard terms document.
If a standard terms document is required by the trustee, it needs to:
• reference DNRM’s mandatory standard terms document
• outline the responsibilities of the trustee and the trustee leaseholder
• be approved by DNRM.
For a trustee lease, the following information must be submitted:
• application for trustee lease form (both parts A and B completed). Part B can now be completed electronically, however applicants must still print out the form, sign it and submit it to DNRM by mail. The form is available on the DNRM website www.nrm.qld.gov.au
• the prescribed application fee (if applicable)
• any additional attachments (as requested).
Applicants are encouraged to complete the forms accurately, as incomplete forms may delay the process.
These documents will provide efficiencies for all parties as the DNRM terms and conditions of a trustee lease will have been determined.
Supporting information to assist trustees with the application process is also available on the DNRM website www.nrm.qld.gov.au:
• Fact sheet—Application for a trustee lease
• Guide to a trustee lease under the Land Act 1994—guidelines for trustees of trust land (other than reserves or deeds of grant in trust for Aboriginal or Torres Strait Islander and associated purposes).
Contact your nearest DNRM office for more information.