Licences that provide a benefit to freehold or leasehold land (not crown land) will automatically transfer when that land is sold.
When a licence automatically transfers, the new licence holder will become liable for compliance with the terms and conditions of the licence, including the payment of rent and any outstanding debts.
If you are purchasing a property and do not wish for a licence to automatically transfer, the existing licence holder will need to arrange for their licence to be terminated before settlement occurs. If the termination is not fully processed and approved by the department before settlement, the licence will automatically transfer to you.
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.
Which licences can be transferred
An automatic transfer will only occur if the licence:
- provides a benefit to the land
- is held in the exact same name as the name that appears on the registered Title
- the ownership of the land is being 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.
Samples of licences that may or may not automatically transfer
| Licence scenario | Eligible |
|---|---|
Licences for domestic waterfront facilities that directly adjoin freehold or leasehold land
| Yes
|
Licences for pump sites, pipelines, bore sites, channels or other water supply facilities that deliver water to and/or from freehold or leasehold land
| Yes |
Licences that supply a service to and/or from freehold or leasehold land, such as access, sewerage treatment, electricity supply, telephone or transmission lines
| Yes |
Licences for grazing and/or agricultural activities that are managed and utilised in conjunction with freehold or leasehold land
| Yes |
Licences where the associated freehold or leasehold land changes ownership by a mortgagee in possession
| No |
Licences where the holder is deceased and the associated freehold or leasehold land changes ownership changes by an executor or similar party via transmission
| No |
Licences for domestic waterfront facilities that are not utilised in conjunction with freehold or leasehold land or are not within close proximity
| No |
Licences for stand-alone structures and/or facilities that do not provide a benefit to freehold or leasehold land
| No |
How to notify the department of an automated transfer
Once freehold or leasehold land has transferred, the transferee must notify the department of the transfer within 28 days by lodging the Automatic transfer notification form.
Where transferring a domestic waterfront tenure licence, download, print and mail the completed form:
OR
Payment Methods
An invoice for the application fee of $576 will be sent to you when the application starts to be processed.
Most licences are also subject to payment of an annual rent, which is determined from the current market value. You will be notified of the annual rent payable after the licence application has been assessed.