A permissive occupancy of Crown land under s 136K of the Crown Lands Consolidation Act 1913 (NSW), whether characterised as a personal licence or tenancy at will, terminates upon a purported transfer without the consent of the Minister for Lands. Commonwealth privatisation legislation (National Transmission Network Sale Act 1998 (Cth)) does not change the legal incidents of assets it purports to transfer, and s 12 of that Act (which prevents the operation of Part 2 from being regarded as placing a person in breach of contractual provisions) does not overcome the inherent non-transferability of such rights, because the ineffectiveness arises from the nature of the grant rather than from breach of a contractual provision.
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