Property Services - Frequently Asked Questions

Occupation Licences are agreements between GMW and a Licensee, for a Licensee to have a right to use all or part of a parcel of GMW freehold land or GMW managed Crown Land for a specified purpose. An Occupation Licence may be issued by Property Services for foreshore structures, use of the land for grazing, use of the land for access, and other purposes. The structure and/or use permitted by an Occupation Licence does not constitute an exclusive use of all or part of the land.

Landowners who own land adjoining GMW owned or managed foreshore land may apply for an Occupation Licence for privately owned structures for recreational purposes. Such structures include jetties, boat ramps, and other landscaping elements. You can apply for a new Occupation Licence through submitting a PS001 application. Please be advised that GMW will only permit one structure for each adjoining allotment.

Landowners who own land adjoining GMW’s managed or freehold land who require access over such land, may formalise access by obtaining an Occupation Licence for access in the absence of formal tenure (such as a carriageway easement). You can apply for a new Occupation Licence through submitting a PS001 application

Landowners who own land adjoining, or have reasonable uninhibited access to, GMW land may make application to GMW for an Occupation Licence to graze on that land. You can apply for a new Occupation Licence through submitting a PS001 application.

A current/outgoing Licensee must make application to GMW in accordance with conditions included in the licence document to transfer an existing Occupation Licence when there is a change in ownership of the private property adjoining the existing licenced area. You can apply to transfer an Occupation Licence through submitting a PS002 application.

You can apply to transfer an Occupation Licence which forms part of a deceased estate through the submission of a PS002 application. Please include a copy of title (if it has been put in the executor’s name) and/or a copy of probate showing who the appointed executor is.

A Licensee must make application to GMW in accordance with conditions included in the licence document to vary an existing Occupation Licence in the following scenarios:

• The Licensee is requesting approval for additional works and structures (including the replacement of existing structures) within the licenced area.
• The Licensee proposes to remove approved structures.
• The Licensee proposes to amend the licensed area (for grazing licences).

You can apply to vary an Occupation Licence through submitting a PS002 application.

All Occupation Licence agreements upon expiration may be renewed or granted further terms by GMW. You can apply to renew an Occupation Licence through submitting a PS002 application.

A Licensee must make application if they wish to cancel an existing Occupation Licence which is no longer required. Cancellation may also require an application for a Works Approval Licence to remove any works (at the Licensee’s cost) and is subject to approval. GMW will advise you if a Works Approval Licence is also required. You can apply to cancel an Occupation Licence through submitting a PS002 application.

If you wish to obtain a copy of your Occupation Licence, or you are a Licensee/Lessee or as an Authorised Agent (Solicitor, Conveyancer, Executor) who wishes to obtain a copy to apply to transfer the licence to a new party (when the Licensee cannot provide it), please apply to GMW via a Copy of Record request.

For any works proposed to be undertaken on GMW owned or managed land (including tree and vegetation removal/maintenance) a Works Approval Licence must be granted by GMW. A Works Approval Licence authorises works to be undertaken on GMW land, but unless accompanied by an Occupation Licence (or a Lease) they do not grant any ongoing tenure. You can apply for a Works Approval Licence to undertake works on GMW land through submitting a PS008 application.

Please see information below which highlights they key factors that GMW need to consider when someone applies to occupy GMW land.

Key Considerations

• Viability of leasing or licencing the land

• Future use of the land

• Environmental and cultural impacts of leasing or licencing the land

• Public access and safety

• Security and operational requirements

• Planning and development provisions

• Fees and conditions for occupying the land