Bookmark this page Print page Resize down Resize up

Perpetual leases

Arrangements for conversion of perpetual leases from 12 April 2012

Changes to the perpetual lease process were announced on 12 April 2012 by the Deputy Premier Andrew Stoner.

Frequently Asked Questions

Q: Is the Government now requiring land management covenants to be applied during the conversion of eligible perpetual leases under the previous government’s Special Purchase Offer?

A:  The Government is no longer requiring the application of land management covenants upon the majority of perpetual leases yet to be converted under the previous government’s Special Purchase Offer.  There are circumstances however, where the Government has determined it is still appropriate for land management covenants to be applied to converted perpetual leases.

Q: Which perpetual leases will continue to be subject to land management covenants upon conversion?

A:  Those current perpetual leases that have high conservation values and either adjoin or are located within 100m of National Park Estate, or that contain or are within 100m of wilderness or identified wilderness. These leases will be assessed and land management covenants will be proposed to protect high conservation values. Landholders have the option to accept the covenants and convert to freehold or opt to remain as leasehold.

Q: What will happen to my existing application to convert to freehold?

A:  The Department will write to all current applicants giving them the option to complete the conversion under current conditions or withdraw their application and have it considered under a new scheme:
If you have made application to convert your perpetual lease under the previous government’s Special Purchase Offer and the lease does not require the concurrence of the Minister for the Environment, you will have the option to convert to freehold with or without land management covenants.
If your perpetual lease does require the concurrence of the Minister for the Environment, you have the option of either converting to freehold with covenants, or withdrawing your application to convert and remaining as leasehold subject to market based rent.

Q: I have already converted to freehold with covenants under the previous government’s Special Purchase Offer.  Will my covenants still apply?

A: Yes, however, as has always been the case, an application can be made to review or alter covenants already placed on title under the previous government’s Special Purchase Offer.  Each application for review of restrictions will be assessed under the new arrangements.  An application fee of $356 will apply which will enable the Department to assess the application and if approved, create a dealing to remove the restriction from your title. You can elect to either lodge the dealing immediately with Land & Property Information (LPI), which will incur a lodgement fee, or lodge it at a later date when another dealing is occurring in relation to the title of the land.  It is advisable to contact the Department's Landscape Services Centre on 02 6883 3317 prior to making an application to remove covenants. The application form, with the application fee, should be lodged with the Landscape Services Centre.

Q: I did not apply to convert to freehold under the previous government’s Special Purchase Offer.  Can I still apply?

A:  You can still apply to convert your eligible perpetual lease to freehold, however your lease will continue to be subject to market based rent until the conversion is finalised.  Leases that are subject to the concurrence of the Minister for the Environment may still be subject to the imposition of land management covenants upon conversion.

Q: Will all converted perpetual leases continue to be subject to a restriction on subdivision or separate dealings?

A: All converted perpetual leases will continue to be subject to a restriction on subdivision and separate dealings where required. However, an application can be made to remove restrictions where a genuine subdivision is planned. For applications to remove a restriction on subdivision an application fee of $450.00 will apply which will enable the Department to assess the application and if approved, create documents for lodgement with Land & Property Information for registration. LPI fees and charges will also apply. Applications for removal of restriction on separate dealings will require an application fee of $250.00

It is advisable to contact Landscape Services Centre on 02 6883 3317 prior to making as application to remove restrictions on subdivision and/or separate dealings. The application form, with the application fee, should be lodged with the Landscape Services Centre.

Previous perpetual lease arrangements.

 
back to top