Types of land tenure
Licences
Road licences
A road licence may be granted over an area of road that has been temporarily closed. This tenure allows the licensee to use the land for the defined purpose until such time as it is again required as a road. The licensee has the right to exclusive occupation of the road (within the conditions of the licence), but the licence may be cancelled with no compensation.
A road licence is unable to be mortgaged, subleased or subdivided (but may be transferred).
A road licence generally issues to an adjoining owner.
A road licence may also issue to another person, if the road licence is only to allow the licensee to make structural improvements to:
- pipes for irrigation purposes that cross the road beneath its surface
- water channels for irrigation purposes that cross the road.
Occupation licences
An occupation licence is a licence to occupy unallocated state land. Although the Land Act 1994 makes no provision for the issue of an occupation licence, previously existing licences have been continued under this Act.
No term applies to the licence, which may be cancelled at any time and no compensation is payable. The department must approve all improvements or development work the licensee wishes to undertake.
In this guide: