135AGrant of licences for jetties etc.

135A Grant of licences for jetties etc.

S. 135A(1) substituted by No. 66/2000 s. 12(1).

(1) Despite anything to the contrary in the Land Act 1958 or any other Act, the Minister may grant, to an applicant, a licence in respect of any waterways land for the purposes of a jetty or mooring.

S. 135A(2)(3) repealed by No. 66/2000 s. 12(1).

(4) An application for a licence must be made in writing.

(5) A licence shall—

(a) specify the purpose for which it is granted; and

S. 135A(5)(b) amended by No. 66/2000 s. 12(2).

(b) be for a term not exceeding 10 years but may be renewed by the Minister; and

(c) be subject to such covenants, conditions, reservations and restrictions as are specified in it; and

S. 135A(5)(d) amended by No. 66/2000 s. 12(2).

(d) be subject to the payment of a licence fee of such amount as is fixed by the Minister.

S. 135A(6) amended by No. 66/2000 s. 12(2).

(6) A licensee must not transfer or assign their interest in the licence without the prior consent in writing of the Minister.

S. 135A(7) substituted by No. 66/2000 s. 12(3).

(7) If the Minister is satisfied, after giving a licensee a reasonable opportunity to be heard, that the licensee has—

(a) failed, during the term of the licence, to use the land for the purpose for which the licence was granted; or

(b) used the land for any purpose other than the purpose for which the licence was granted; or

(c) failed to comply with any of the terms and conditions of the licence—

the Minister may declare, by notice published in the Government Gazette, that the licence is cancelled.

(8) On the declaration under subsection (7) that a licence is cancelled—

(a) any interest, right or privilege created by the licence ceases to exist; and

(b) all money paid under the licence is forfeited.

S. 135A(9) amended by No. 66/2000 s. 12(4).

(9) On or before the expiry or cancellation of a licence, the licensee may remove any structure or improvement erected by the licensee on licensed land making good to the satisfaction of the Minister any injury which may be done to the land.

S. 135A(10) amended by No. 66/2000 s. 12(5)(a)(b).

(10) Any structure or improvement not removed from land before the expiry or cancellation of a licence or within any further period allowed by the Minister is the property of the Minister and may be sold, removed or demolished as the Minister may direct.

S. 135A(11) amended by No. 66/2000 s. 12(6).