(1)  For the purposes of this Part, a relevant right to occupation means –

(a) a relevant lease; or

(b) a private purposes licence.

(2)  For the purposes of this section, a relevant lease is a lease other than a lease, in relation to a seabed, that is granted and in force under Part 4 of the Marine Farming Planning Act 1995 .

(3)  For the purposes of this section, a private purposes licence, in relation to land, is a licence –

(a) that confers, either expressly or by implication, a right on the holder of the licence to exclude, from the land, a person other than the Crown; and

(b) that is not a licence primarily for the benefit of the Crown.

(4)  Without limiting the circumstances in which a licence is to be taken to confer a right on the holder of the licence to exclude, from the land, a person other than the Crown for the purposes of subsection (3) , a licence may be taken to confer such a right, despite a term or condition of the licence which states that it does not confer an exclusive right to occupy the land, if, on a proper construction of the licence, the term or condition is intended only to ensure that the Crown may not be excluded from the land.

(5)  For the purposes of subsection (3) , a licence is to be taken to be a licence primarily for the benefit of the Crown if –

(a) it is granted for the primary purpose of assisting the Crown –

(i) to perform its responsibilities to control weeds or pests on the land or other land; or

(ii) to reduce or manage vegetation so as to reduce the risk of the spread of bushfire on the land or other land; or

(iii) to beautify an area of land; or

(iv) to carry out another responsibility of the Crown that is of a prescribed type; or

(b) the licence is within a class of licences that is prescribed for the purposes of this paragraph.