Local Government Act 1993

For the purposes of this Part, a relevant right to occupation means – a relevant lease; or a private purposes licence.

For the purposes of this section, a relevant lease is a lease other than a lease, in relation to a seabed, that is granted and in force under Part 4 of the Marine Farming Planning Act 1995.

For the purposes of this section, a private purposes licence, in relation to land, is a licence – that confers, either expressly or by implication, a right on the holder of the licence to exclude, from the land, a person other than the Crown; and that is not a licence primarily for the benefit of the Crown.

Without limiting the circumstances in which a licence is to be taken to confer a right on the holder of the licence to exclude, from the land, a person other than the Crown for the purposes of subsection (3), a licence may be taken to confer such a right, despite a term or condition of the licence which states that it does not confer an exclusive right to occupy the land, if, on a proper construction of the licence, the term or condition is intended only to ensure that the Crown may not be excluded from the land.

For the purposes of subsection (3), a licence is to be taken to be a licence primarily for the benefit of the Crown if – it is granted for the primary purpose of assisting the Crown – to perform its responsibilities to control weeds or pests on the land or other land; or to reduce or manage vegetation so as to reduce the risk of the spread of bushfire on the land or other land; or to beautify an area of land; or to carry out another responsibility of the Crown that is of a prescribed type; or the licence is within a class of licences that is prescribed for the purposes of this paragraph.