Licence

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.