| Description |
xix, 187 pages ; 22 cm |
| Series |
Australian legal monographs |
|
Australian legal monographs.
|
| Contents |
1. The Land Act 1994 - a land allocation and land management statute 1.1 General -- 1.2 The State grants system and the doctrine of tenure -- 1.3 Land tenure in Queensland - of feudal or unique historical origins? --1.4 General - The Statutory Basis of the State's Authority to Create Interests in Land -- 1.5 Land Act 1994, s 15(1) - governor in council may lease -- 1.6 Lease in perpetuity -- Lease for a term of years -- 1.8 When is a state lease necessary? -- 2. Power to lease 2.1 General -- 2.2 The Governor in council's power under s 15(1) -- 2.3 Section 15(1) - part of a statutory code as to the creation of interests in unallocated state land and land in a reserve? -- 2.4 When is land leased under the Land Act 1994 -- 2.5. When does a state lease end? -- 2.6 Distinguishing a lease from other uses of unallocated state land -- 2.7 Conclusion -- 3. A State lease under the Land Act 1994 - what type of lease is it? 3.1 General -- 3.2 The General nature of general law lease -- 3.3 The General nature of a statutory lease -- 3.4 The Nature and incidents of a state lease once granted -- 3.5 Interpreting the Land Act 1994 as a whole -- 4. The Relationship between the state and a lessee under a state lease 4.1 Purely statutory or statutory and contractual? -- 4.2 The Nature of the statutory lessor and lessee relationship -- 4.3 The Statutory lessor and lessee relationship and the Property Law Act 1974 (Qld) -- 4.4 The Residual operation of general law principles to state leases -- 4.5 Conclusion -- 5. Implying a right of exclusive possession by necessary and unavoidable intendment 5.1 Rights under a state lease as a state grant -- 5.2 Construction of the state lease -- 5.3 The Express rights of and the obligations imposed on a state lessee -- 5.4 Necessary and unavoidable intendment -- 5.5 The General rule of statutory construction and native title -- 5.6 The Provisions of the Land Act 1994 -- 5.7 Determining whether a right to exclusive possession is conferred in respect of some leases for non-pastoral purposes -- 5.8 Enjoyment and derogation from a grant -- 5.9 Conclusion -- 6. Summary |
| Summary |
The State lease in Queensland is a unique creature. In the hands of public administrators it is an influential land management tool. To the casual observer it is not all that different to a lease as commonly understood. This book gives the reader a detailed insight into the workings and importance of the State lease in Queensland |
| Analysis |
Leasehold |
|
Land tenure |
|
Queensland |
|
Native title |
|
Cases (Law) |
|
Legislation |
|
State issue |
| Notes |
Includes index |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Crown lands -- Leasing -- Australia -- Queensland.
|
|
Leases -- Australia -- Queensland.
|
|
Land tenure -- Law and legislation -- Australia -- Queensland.
|
| ISBN |
1862873674 : |
|
