Types of land tenure
Permits to occupy
Permits to occupy are issued to occupy or use unallocated State land, a road or reserve for a specific purpose for minor or temporary matters.
The road manager for a road and the trustee for a reserve must be consulted prior to a permit to occupy is considered under the Land Act 1994.
Instead of the department issuing a permit to occupy, the:
- local government for a local road may decide to authorise the use of the road
- trustee may decide to authorise the use of a reserve under a trustee lease or trustee permit under the Land Act 1994
- Department of Transport and Main Roads will authorise the use of a State controlled road.
Common purposes include short-term grazing, pump sites, apiary sites, advertising signs and investigation work on unallocated state land. Permits may be issued for areas seaward of a property boundary in some cases.
Unlike a lease, a permit to occupy is not an interest in the land. For example, if a permit is granted over a part of a road, the area remains open for use as a road. If the permit is over a reserve, the land remains available for the community purpose it was reserved for.
Permits to occupy cannot be transferred, sublet or mortgaged. The right to occupy only applies to the person holding the permit to occupy.
No major structural improvements, other than boundary fencing, are allowed. If a permit is cancelled or surrendered, any improvements become the property of the state and no compensation is payable. The permit holder may be allowed to remove improvements.
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