Sublease your lease

Depending on the lease conditions and notifications on the Lands Titles Register, you might need the Minister’s consent to sublease a Crown land lease.

The initial assessment will check for any obvious objections to the proposed sublease. If the sublease is not in the Crown's interest, we may refuse the application at this stage.

To apply for a sublease on Crown land, you must meet the following criteria:

• Be a resident of NSW.
• Have a valid reason for subleasing the land.
• Comply with all relevant laws and regulations.

Follow these steps to apply for a sublease on Crown land:

You need to include the following documents with your application form and fee:

• Certified copy of the proposed sublease.
• Certified copy of the registered power of attorney (if applicable).
• ASIC current and historical company extract of the proposed sublessee.
• Confirmation from the sublessor that the proposed sublessee:
  • Is a fit and proper person.
  • Has the business skills and financial capacity to operate the business and meet the sublease terms.
  • Holds or can get all relevant licenses, approvals, and registrations to operate from the site.
  • Holds or can get an insurance policy that meets the sublessee’s risk and indemnity requirements as per the sublease provisions.
• Sublessee must provide a copy of a current search of the National Personal Insolvency Index for the sublessee.

The sublease document should ensure that the sublessee is aware of and bound by the terms and conditions of the Crown tenure.

The sublessee must:

• Acknowledge and agree that they have read and are aware of the terms, conditions, and covenants in the Head Lease between the State of New South Wales (Lessor) and the Sub-Lessor (Lessee).
• Agree to observe, perform, and comply with the covenants and agreements in the Head Lease for the purpose of this Sub-Lease.
• Keep the Lessor indemnified against any liability under the covenants and conditions in the Head Lease as they apply to the Premises.

If there is any conflict or inconsistency, the provisions of the Head Lease will prevail. If the Lessor takes action to terminate the Head Lease, the Sub-Lessor can terminate this Sub-Lease, and the Sublessee cannot claim compensation.

The sublessee acknowledges the termination or expiry date of the Head Lease (including any option to renew) and that the Head Lessee has no right of renewal.

If the application involves foreign individuals or entities, additional supporting information may be required.

A "foreign person" or "foreign entity" includes:

• an individual not ordinarily resident in Australia
• a corporation where a foreign individual, corporation, or government holds a substantial interest
• a trust where a foreign individual, corporation, or government holds a substantial interest
• a foreign government
• any other person or entity that meets the conditions prescribed by the Foreign Acquisitions and Takeovers Act 1975 (Cth).

We will send you an invoice for any fees after we receive your application. Once you pay the application fee, we will process your application.