Transfer an existing sublease

Depending on the conditions of the lease and notifications on the Lands Title Register, it may be necessary to obtain the consent of the minister to transfer an existing sublease of a Crown land lease. The initial assessment of the application will determine if there are any obvious objections to the proposed sublease of the lease. We may refuse the application at this stage if the sublease of the Crown land lease is not in the interests of the Crown.

Any decision regarding the eligibility of an application must:

• be lawful
• offer natural justice
• be based on evidence
• give reasons and provide accountability.

The following supporting documentation should accompany the application form and prescribed fee:

• copy of the existing registered sublease
• copy of Ministers Consent to existing sublease
• copy of executed transfer documents i.e. sales contract, deed of assignment etc
• plan showing the location of the premise being subleased
• certified copy of the registered power of attorney where applicable
• ASIC current and historical company extract of the proposed sublessee
• confirmation from the sublessor that it considers the proposed sublessee (Declaration as part of the application form)
  • is a fit and proper person
  • has the business acumen and financial capacity to operate the business and meet the terms and conditions of the sublease
  • holds or will be able to obtain all relevant licenses, approvals, and/or registrations to operate from the site
  • holds or will be able to obtain an insurance policy that meets the sublessee’s risk and indemnity requirements as per the provisions of the sublease
• sublessee must provide a copy of a current search of the National Personal Insolvency Index for the sublessee
• the Sublease document should contain provisions to ensure that the sublessee is aware of and bound by the terms and conditions contained within the Head lease.

Supporting information may be required if the application involves foreign individuals or entities.

See below definitions of foreign person or entity:

1. An individual or an entity is a “foreign person” or a “foreign entity” if: an individual not ordinarily resident in Australia; or
2. a corporation in which an individual not ordinarily resident in Australia, a foreign corporation or a foreign government holds a substantial interest; or
3. a corporation in which 2 or more persons, each of whom is an individual not ordinarily resident in Australia, a foreign corporation or a foreign government, hold an aggregate substantial interest; or
4. the trustee of a trust in which an individual not ordinarily resident in Australia, a foreign corporation or a foreign government holds a substantial interest; or
5. the trustee of a trust in which 2 or more persons, each of whom is an individual not ordinarily resident in Australia, a foreign corporation or a foreign corporation or a foreign government, hold an aggregate substantial interest; or
6. a foreign government; or
7. any other person, or any other entity that meets the conditions, prescribed by the regulations of the Foreign Acquisitions and Takeovers Act 1975 (Cth).

Transfer an existing sublease