140DLicence to specify purpose conditions etc.

140D Licence to specify purpose conditions etc. A licence shall— (a) specify the purpose for which it is granted; (b) be subject to such covenants conditions reservations and restrictions as are specified in it; and (c) be subject to the payment of a licence fee. S. 140DA inserted by No. 9805 s. 2(f). 140DA Licence fee S. 140DA(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 127), 41/1987 s. 103(Sch. 4 item 39.25), 76/1998 s. 11(h), 19/2018 s. 146. (1) The amount of the licence fee referred to in section 140D shall be fixed by the land manager or by any person duly authorized by the land manager in that behalf. (2) The licence fee fixed pursuant to subsection (1) shall be not less than the minimum licence fee determined from time to time by the Minister in respect of licences under section 140A. S. 140E inserted by No. 8310 s. 2, amended by No. 9805 s. 2(e), substituted by Nos 9861 s. 3(1), 48/1993 s. 5. 140E Renewal presumed where fee paid S. 140E(1) amended by Nos 76/1998 s. 11(h), 19/2018 s. 147. (1) The sending by the land manager to a licensee of a notice for payment of the appropriate renewal fee determined under this subdivision constitutes an offer to renew the licence. (2) The payment of the fee specified in that notice constitutes a renewal of the licence for the same period and otherwise on the same covenants, conditions, reservations and restrictions as applied to the previous licence. (3) This section is in addition to any other method of renewing a licence. (4) This section applies to licences of every kind under this subdivision. S. 140F (Heading) inserted by No. 19/2018 s. 148(1). S. 140F inserted by No. 8310 s. 2. 140F Conditions associated with licence of land S. 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. 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.