ADIS Code - LIC
A licence gives a party the right to perform specific actions that would normally be prohibited, e.g. the right to enter land under conditions that would otherwise be a trespass.
A licence affecting land does not receive the statutory protection of security of tenure granted to a lessee of a lease.
Lodgment requirements
Stamp duty - Required if the arrangement affects land. Required if land is affected and the licence is dated prior to 1-1-2008 (not required if such licence is dated on or after 1-1-2008). Must be marked if not clear.
If not marked, Registration insisted upon is prohibited.
Not required if the arrangement does not affect land.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Licence
(C) Locality - The situation of the land if affected.
Link Conveyance - For the Old System land if affected.
Principal Deed - Not required.
(D) Indexing - The licensor and the licencee.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the parties involved are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby licenses ...".
Term etc: the term, dates and description are given a cursory check and any discrepancies are brought to the attention of the lodging party.
Locality: required if land is affected. The situation of the land.
Land Description: required. Determine if the affected land is Old System or other (see IPF). Where Old System land is affected it must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required if Old System land is affected. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the licensor. A power of attorney must to be registered if land is affected. The licensee does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
A licence affecting land that does not have a Link Conveyance in the form of a Book and No. must be entered with a Noting: "Licence affecting [land description and manner of acquisition]".
If after indicating any anomaly, registration of the licence is required, indicate"Registration Insisted Upon"and include the reason.
Noting Required where the licence affects part of the land, an interest/share, includes a plan, or Torrens Title land.
CA Not required.
Indexing
Locality: required if land is affected. The situation of the land.
Link Conveyance: required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: nil.
Noting: "Affecting [description of the assets]".
For a Vodafone licence: "Licence for [type of licence and what it permits] at [address] known as BTS Site No. [number found on plan] [Suburb] see plan attached".
If Old System land is affected and:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V:
If Old System land is not affected: the licensee and licensor, deceased estates or trusts, and any variations thereof.
If Old System land is affected: the licensor, deceased estates or trusts, and any variations thereof.
P:
If Old System land is not affected: nil.
If Old System land is affected: the licensee, decease deceased estates or trusts, and any variations thereof.