Transferring a licence
Automatically transferable licences
With changes in legislation in 2018, licences over Crown land may now transfer automatically depending on the type of licence.
Licences that provide a benefit to freehold or leasehold land (for example, domestic waterfront licences, pump site and pipeline licences and access licences) will automatically transfer when the freehold or leasehold land is transferred.
When a licence automatically transfers, the purchaser will become liable for any rent, fees or other amounts on the licence account, including any arrears as at the date of transfer. Conveyancers and solicitors will need to undertake a conveyancing search with the department so that adjustments can be made at the time of settlement for any outstanding or overpaid monies on the account.
What licences do not automatically transfer?
A licence will not automatically transfer in the following circumstances:
- The licence does not provide a benefit to freehold or leasehold land.
- The licence is not held in the exactly the same name as the associated freehold or leasehold land.
- The ownership of the benefiting land must have changed by a transfer and not a transmission. A transmission may occur where the ownership of land is transmitted to an executor, beneficiary, mortgagee or other third party.
Licences that do not automatically transfer will not require any adjustments to be made at settlement. In these instances an application to revoke the existing licence and grant a new licence will need to be submitted to the department.
If you want to know more about transferring a licence, contact us.