Tenure Type

Function 

A lease provides the lessee with exclusive use of a defined lease area for permitted use and term. Lease areas will generally be defined by building footprints, but will include access ramps, staircases and gardens which border the building/s. A lease will result in the organisation having to insure, maintain & if required, depreciate each of the assets included in the lease.

Term 

Up to 80 years as agreed between parties.

Note that a lease of freehold land cannot be for greater than 10 years without a permit to reconfigure the lot.

Notes

All leases require resolution from an Ordinary Council meeting (OCM) as they are considered a disposal Council asset under the Local Government Act 2009 (Qld).

A Lease is required to be registered on title. Costs are associated with this. Lessee may also be required to pay survey fees to define lease area. Please note different rules apply depending on whether the Lease is less than or more than 3 years duration under Part 8 of the Property Law Act 1974 (Qld). Please note Leasing Part of a Lot can only be for a duration of 10 years. 

Function 

Exclusive use of permitted area (land and buildings) registered on title.

Term 

30 years or up to 100 years in certain circumstances (s 61 Land Act 1994). No options.

Notes

See Land Regulation 2020 s 5 and sch 4 for prescribed terms of trustee leases and permits.

Function

A permit to occupy provides the occupant with use of a defined permit area for a permitted use and term.  Permit areas will generally be defined by building footprints and surrounds. Both exclusive use and shared use can be defined within a permit to occupy. Non-exclusive use only, otherwise the permit/license may be considered a lease.

Term 

No maximum prescribed by legislation, however generally relatively short.

Notes

Does not apply where Council holds the land as trustee (see 2.1 below). 

Function 

Trust land. A Trustee Permit longer than one year will be required to be registered on title.

Term

3 years (s 60 Land Act 1994)

Notes

See Land Regulation 2020 s 5 and Sch 4 for prescribed terms of trustee leases and permits.

Function 

Document will establish a framework for collaboration between organisations and set out the common goals of the parties to the MOU. An MOU will only be offered for organisations that do not require a permit to occupy (trustee/freehold) or a lease.

Term

Nil

Notes 

Nil

Function 

Document that enters a business relationship with a legal entity that allows for a property to be managed under mutually agreed terms.

Term 

At the discretion of Council and applied where appropriate.

Notes

Does not grant a right of occupation unless supported by a permit or lease. This is dictated by the nature of the arrangement/agreement.