New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.26

5.26 Licences for unauthorised users or occupiers of Crown land

(1) The Minister may grant a licence to authorise a person to use or occupy Crown land if the person is currently using or occupying the land without lawful authority.

(2) A copy of the licence must be served on the person and takes effect when it is served.

(3) The licence may be granted without the person's consent and binds the person even if it is granted without consent.

(4) Without limiting section 5.3, the regulations may make provision for or with respect to the provisions of a licence granted under this section, including provisions relating to any of the following--

(a) the payment of rent, fees or other amounts in connection with licences,

(b) the purposes and activities authorised by licences,

(c) the expiry, termination or revocation of licences,

(d) obligations in connection with the use or occupation of Crown land for which licences are granted (including obligations relating to indemnifications or releases from liability),

(e) the carrying out of remedial or restoration work, and the payment of compensation or fines, in connection with the unauthorised use or occupation of Crown land before licences are granted,

(f) the revocation of licences if their holders fail to comply with the requirements of the Environmental Planning and Assessment Act 1979 (including for relevant approvals or consents).

(5) A provision of the licence for the payment of rent may provide for the rent payable to be calculated from the time that the person was first notified that the use or occupation of the Crown land was without lawful authority.