Crown Lands Act 1989 No 6
Historical version for 9 February 2007 to 3 July 2007 (accessed 21 May 2013 at 01:16) Current version
Part 4Division 4

Division 4 Licences

45   Licences

(1)  Without limiting section 34A, a licence may authorise the use or occupation of Crown land for such purposes as the Minister thinks fit.
(2)  A licence may be granted for such term as the Minister thinks fit.
(3)  Subject to section 49, the Minister may grant a licence for any purpose over Crown land that is the subject of a lease granted under this Part or the Crown Lands (Continued Tenures) Act 1989, but only with the consent of the lessee.

46   Certain dealings to be licences

A disposition of Crown land by the Minister on behalf of the Crown, expressed to be a licence, is a licence even if exclusive possession of the land is conferred on a person.

47   Revocation of licences

(1)  A licence is revocable at will by the Minister or on such notice as may be specified in the licence.
(2)  Compensation is not payable on the revocation of a licence even if the licence is revoked before the expiration of its term.

48   Restrictions on transfer of licences

(1)  A licence may be transferred only if:
(a)  the conditions of the licence permit the licence to be transferred, and
(b)  the licence specifies a parcel of land that benefits from the licence (the benefited land), and
(c)  the licence is transferred to the owner or holder of the benefited land.
(2)  If the licence is, at any time, held by a person who is not the owner or holder of the benefited land, the Minister may revoke the licence without notice. Compensation is not payable on the revocation of the licence.

48A   Sublicences

(1)  The holder of a licence may, with the consent of the Minister, grant a sublicence but only if the conditions of the licence permit the granting of the sublicence.
(2)  A sublicence is subject to such conditions as the Minister thinks fit to impose.
(3)  A sublicence is not transferable.

49   Licences for removal of certain minerals

(1)  A licence to remove gravel, sand, stone, shells or other substances, being minerals within the meaning of the Mining Act 1992 or the Offshore Minerals Act 1999, may not be granted except with the approval of the Minister administering the Act concerned.
(2)  The Minister administering the Mining Act 1992 or the Minister administering the Offshore Minerals Act 1999, as the case requires may waive compliance with the requirements of this section in such circumstances or cases, and to such extent, as the Minister thinks fit.
(3)  A licence to remove gravel, sand, loam, stone, clay, shells or other prescribed material (not being minerals within the meaning of the Mining Act 1992 or the Offshore Minerals Act 1999) may be granted over Crown land even if it is held under a lease granted under this Act or referred to in the Crown Lands (Continued Tenures) Act 1989.

50   Rent, royalty, fees etc

(1)  A licence may be granted subject to the payment of such rent, royalty, fees or other amount as the Minister may determine in respect of the licence.
(2)  The conditions attached to a licence may include such provisions for the determination or redetermination of any rent, royalty, fee or other amounts as the Minister thinks fit.
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