Div 6Licences

Division 6—Licences 45—Application of Division to pastoral land This Division applies in relation to land subject to a pastoral lease as if it were Crown land. 46—Minister may grant licences The Minister may grant licences in relation to Crown land. 47—Interaction between Division and licence The powers of the Minister under this Division in relation to a licence are in addition to, and do not derogate from, the provisions of the licence but where a provision of the licence is inconsistent with this Act, the Act prevails to the extent of the inconsistency. 48—Minister to fix terms and conditions (1) Subject to this Act, the terms and conditions on which licences will be granted or renewed under this Act (including the licence fees payable under licences) will be as fixed by the Minister. (2) A licence (other than a licence granted to a Crown agency) may not be granted or renewed under this Act for a term exceeding 10 years. (3) In determining the licence fees payable under a licence, the Minister must not take into account the value of any work carried out by the licensee in relation to the land or any other improvements on the land that do not belong to the Crown. (4) The Minister may at any time, by written notice to the licensee, vary the terms and conditions of a licence (including the licence fees payable under the licence). (5) The regulations may fix a date for the payment of licence fees under licences generally or under licences of a specified class (and such a regulation has effect despite any provision to the contrary contained in a licence to which the regulation applies). 49—Waiver of conditions etc Despite any other provision of this Act or a provision contained in a licence, the Minister may, if satisfied that it would be reasonable in the circumstances— (a) waive a breach of, or compliance with, a condition of a licence unconditionally or subject to conditions; or (b) waive, reduce or remit any licence fees payable under a licence or may allow any licence fee, or part of a licence fee, to be paid at a time other than that fixed by regulation in accordance with section 48 or specified in the licence. 50—Dealing with licence (1) A licence granted under this Act cannot be transferred or otherwise dealt with without the consent of the Minister. (2) If the licensee transfers the licence— (a) all accrued and accruing liabilities to the Crown pass to the transferee; and (b) any such liabilities that had accrued before the date of the transfer may be enforced against the transferor (who will be regarded as jointly and severally liable with the transferee). 51—Cancellation of licences (1) The Minister may cancel a licence— (a) if the licensee has requested the cancellation or a condition of the licence has been breached—by notice in writing to the licensee; or (b) in any other case—by not less than 1 month's notice in writing to the licensee. (2) Subject to the regulations, no compensation is payable by the Crown in respect of the cancellation of a licence under this section. (3) The Minister will not cancel a licence at the request of the licensee unless the Minister is satisfied that is appropriate to do so. (4) A licensee who requests the cancellation of a licence is not entitled to a refund of any licence fees that have been paid in respect of the licence. 52—Renewal of licence without application or on late application (a1) If, before the expiry of a licence under this Act— (a) the Minister sends to the licensee an invoice for payment of a fee for renewal of the licence; and (b) the licensee pays the fee specified in the invoice, the licensee will be taken to have applied for renewal of the licence and the Minister may renew the licence for a term of 12 months or for such other term as may have been specified in the invoice (and the conditions fixed in relation to the renewed licence will be the conditions that were fixed in relation to the licence immediately before renewal or such other conditions as may have been specified in the invoice). (a2) For the purposes of subsection (a1), an invoice may specify a term of a licence or conditions of a licence by referring to a website on which the terms or conditions are published. (1) If, on the expiry of a licence under this Act, the licensee continues to exercise rights under the licence as if the licence were still in force, the Minister may, of his or her own initiative and without application by the licensee, renew the licence for a term of 12 months or for such other term as the Minister, by written notice, advises the licensee (and the conditions fixed by the Minister in relation to the renewed licence, including any conditions relating to licence fees, apply to the licensee as if the renewal had been made on the application of the licensee). (2) The Minister may renew a licence on a late application despite the fact that the licence has expired. (3) A licence renewed under this section has effect from the end of the term for which the licence was previously granted or renewed. 53—Exemption from stamp duty The grant or renewal of a licence under this Act is exempt from stamp duty. 54—Special provisions relating to Murray‑Darling Basin and River Murray Protection Areas (1) If a proposed licence or renewal of a licence relates to an area within the Murray‑Darling Basin, the Minister must, in considering whether to grant or renew the licence, take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. (2) If a proposed licence or renewal of a licence relates to a River Murray Protection Area under the River Murray Act 2003 and is within a class of licences prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of all such licences), the Minister must, before deciding whether to grant or renew the licence— (a) consult with the Minister to whom the administration of that Act is committed; and (b) comply with the Minister's directions (if any) in relation to the licence (including a direction that the licence not be granted or renewed, or that if it is granted or renewed, then the licence be subject to conditions specified by the Minister).