A western lands lease can be transferred, however, some leases require the consent of the Minister for the transfer to occur.
A conveyancing search will confirm if Ministerial consent is needed. A solicitor or licensed conveyancer is necessary to complete the transfer process.
Inspection and investigation
- A physical inspection may be required.
- Compliance with lease terms and conditions, such as boundary fencing, weed and feral animal control, and native vegetation maintenance, is evaluated during the inspection; and
- Legal property access will be assessed
If a breach is identified, we may:
- refuse consent to transfer
- withhold consent pending specified works
- grant consent subject to undertakings by the parties.
Important information
Change of purpose
If the purchaser intends to use the land for a different purpose than stated in the lease, altering a western lands lease purpose must be completed before the transfer.
Outstanding debts
The lease cannot be transferred if there is any outstanding debt to the Crown.
The application form
Must be completed by both the vendor and purchaser and accompanied by a certified copy of the contract of sale or the Real Property Transfer form.
Deceased estates
Where the transfer is part of a deceased estate matter probate, will or letters of administration are required.
Waiver of Minister’s consent to transfer a western lands lease
If you are considering selling your lease but do not currently have a purchaser, you can apply for a waiver of Minister's consent to transfer. This permission lasts up to 12 months, and you'll need to apply again if you need more time.
When you apply to transfer rural leases, the property will usually be inspected. If any issues are found during the inspection, we may either:
- refuse to grant the waiver, making you follow the standard transfer process, or
- withhold the waiver until specific work is done. If another inspection is needed to check that the work is done, an additional fee may apply.
Fees
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.