LAND ADMINISTRATION ACT 1997 - SECT 91
LAND ADMINISTRATION ACT 1997 - SECT 91
91 . Licences and profits à prendre over Crown land, grant of
(1) The Minister may
grant a licence or profit à prendre in respect of Crown land for any
purpose.
(2) The Minister may
—
(a) fix
or extend the duration of; or
(b)
determine fees and conditions in respect of; or
(c)
review; or
(d) with
the consent of its holder, amend the provisions of,
any licence or profit
à prendre granted under subsection (1).
(3) The Minister may
on the breach of any condition to which a licence granted under subsection (1)
is subject, terminate that licence.
(4) The Minister may
accept the surrender of a profit à prendre granted under subsection (1)
from its holder in respect of the whole or any part of the area to which that
profit à prendre applies.
(5) Nothing in this
Act prevents the simultaneous existence on the same area of Crown land of
—
(a) a
licence or profit à prendre granted under subsection (1); and
(b) a
mining, petroleum or geothermal energy right,
if the Minister to
whom the administration of the relevant Act referred to in the definition of
mining, petroleum or geothermal energy right in section 3(1) is for the time
being committed by the Governor, or a public service officer of the department
that is principally assisting in the administration of the relevant Act, who
is authorised in writing by that Minister to do so, approves of that area
being used both for the purposes of that licence or profit à prendre
and the purposes of the mining, petroleum or geothermal energy right.
(6) If a licence
granted under subsection (1) is transferable by the licensee, in accordance
with the Personal Property Securities Act 2009 (Commonwealth) section 10 the
definition of licence paragraph (d), the licence is declared not to be
personal property for the purposes of that Act.
(7) The operation of
this section is affected by the Land Administration (South West Native Title
Settlement) Act 2016 Part 4.
[Section 91 amended: No. 35 of 2007 s. 98(6); No.
8 of 2010 s. 13; No. 42 of 2011 s. 81; No. 10 of 2016 s. 28.]