LAND ACT 1958 - SECT 140F Conditions associated with licence of land
LAND ACT 1958 - SECT 140F
Conditions associated with licence of landS. 140F(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 127), 41/1987 s. 103(Sch. 4 item 39.26), 76/1998 s. 11(h), 19/2018 s. 148(2).
(1) A licensee shall not transfer or assign his interest in the licence without the prior consent in writing of the land manager.
(2) If a licensee fails at any time during the term of a licence to use the land for the purpose for which it is licensed or if he uses the land for any purpose other than that named in the licence or if he fails to perform or comply with any covenant or condition of the licence the Minister may by notice published in the Government Gazette declare the licence to be forfeited.
S. 140F(3) amended by No. 25/2023 s. 7(Sch. 1 item 17.19).
(3) Notwithstanding any right to renew a licence, should the whole or any portion of any land licensed at any time be required for any public purpose, the licensee shall be given not less than twelve months' notice in writing under the hand of the Minister to deliver to His Majesty, His heirs and successors the land so required.
(4) No compensation shall be payable by the Crown in respect of land or buildings or structures or other improvements upon the expiry or the termination of any licence.
(5) It shall be lawful on or before the expiry or determination of the licence for the outgoing licensee to remove all structures or improvements erected by him on the licensed land making good any injury which may be done to the land.
S. 140F(6) amended by Nos 10087 s. 3(1)(Sch. 1 item 127), 41/1987 s. 103(Sch. 4 items 39.26, 39.27), 76/1998 s. 11(h), 19/2018 s. 148(3).
(6) Any structure or improvement not removed before the expiry or determination of the licence or within such further period as the land manager may allow shall be the property of the Crown and may be sold removed or demolished as the land manager may direct and the costs and expenses incidental to the demolition and of the making good of any injury to the land shall be a debt due to the Crown by the licensee.
S. 140F(7) inserted by No. 90/1989 s. 8(c).
(7) If a provision in a licence for a stratum of Crown land is inconsistent with a provision of subsection (6), the provision in the licence prevails.
S. 140G inserted by No. 8310 s. 2, substituted by No. 9861 s. 3(1), amended by No. 31/1994 s. 3(Sch. 1 item 36), repealed by No. 40/2020 s. 43.
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Heading preceding s. 140H inserted by No. 40/2009 s. 30.
Tour operator licences
S. 140H inserted by No. 8310 s. 2, amended by No. 9805 s. 2(g), repealed by No. 9861 s. 3(1), new s. 140H inserted by No. 40/2009 s. 30.