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CROWN LANDS ACT 1992 - SECT 92 Conditions of licence

CROWN LANDS ACT 1992 - SECT 92

Conditions of licence

    (1)     A licence is subject to the following conditions:

        (a)     a licence does not give the licensee any right of exclusive possession over the land the subject of the licence;

        (b)     a licensee must only use the land the subject of the licence for the purpose for which the licence was granted;

        (c)     a licensee must not do the following unless the licensee has the approval of the Minister:

            (i)     make any improvements to the land the subject of the licence;

            (ii)     store any fittings, machinery, equipment or other chattels on the land the subject of the licence.

    (2)     The Regulations may:

        (a)     prescribe conditions for a licence; or

        (b)     prescribe conditions for a class of licence.

    (3)     The Minister may do any of the following on the Minister's own initiative:

        (a)     determine a condition prescribed under subsection (2)(a) does not apply to a licence;

        (b)     determine a condition prescribed under subsection (2)(b) does not apply to a licence, despite the licence being in the class of licences to which the condition applies;

        (c)     vary a condition prescribed under subsection (2)(a) or (b) in relation to a licence, and may vary the condition during the term of the licence;

        (d)     impose any other conditions on a licence that the Minister considers appropriate, and may vary those conditions during the term of the licence.

    (4)     To avoid doubt, if section 89(4) applied to the land before a licence was granted in relation to the land, the Minister is not required to obtain consent from the person or trustees mentioned in section 89(4) before making a determination, varying a condition or imposing a condition under subsection (3) in relation to the licence.

    (5)     A determination, variation of a condition or imposition of a condition under subsection (3) must not be inconsistent with the conditions referred to in subsection (1).