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s 92

Conditions of licence

In force
Part 7Licences

92 Conditions of licence

(1)

A licence is subject to the following conditions:

(a) a licence does not give the licensee any right of exclusive possession over the land the subject of the licence;

(b) a licensee must only use the land the subject of the licence for the purpose for which the licence was granted;

(c) a licensee must not do the following unless the licensee has the approval of the Minister:

(i)

make any improvements to the land the subject of the licence;

(ii) store any fittings, machinery, equipment or other chattels on the land the subject of the licence.

(2)

The Regulations may:

(a)

prescribe conditions for a licence; or

(b)

prescribe conditions for a class of licence.

(3) The Minister may do any of the following on the Minister's own initiative:

(a) determine a condition prescribed under subsection (2)(a) does not apply to a licence;

(b) determine a condition prescribed under subsection (2)(b) does not apply to a licence, despite the licence being in the class of licences to which the condition applies;

(c) vary a condition prescribed under subsection (2)(a) or (b) in relation to a licence, and may vary the condition during the term of the licence;

(d) impose any other conditions on a licence that the Minister considers appropriate, and may vary those conditions during the term of the licence.

(4) To avoid doubt, if section 89(4) applied to the land before a licence was granted in relation to the land, the Minister is not required to obtain consent from the person or trustees mentioned in section 89(4) before making a determination, varying a condition or imposing a condition under subsection (3) in relation to the licence.

(5) A determination, variation of a condition or imposition of a condition under subsection (3) must not be inconsistent with the conditions referred to in subsection (1).

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