The License To Occupy Land is commonly used in Australian jurisdictions when a property owner needs to grant temporary or conditional access to their property without the formal commitments of a lease agreement. This document type is particularly useful for situations requiring flexibility in termination, shared use arrangements, or temporary occupation rights. It's essential for scenarios such as pop-up retail spaces, temporary storage, event venues, or agricultural use. The license clearly defines the rights granted, permitted activities, duration, and obligations of both parties while maintaining the licensor's control over the property. Unlike a lease, a License to Occupy Land creates no interest in the land itself, making it a preferred option for short-term or specific-purpose arrangements where the property owner wants to retain significant control over the property.
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1. Parties: Identifies and provides full details of the Licensor (property owner) and Licensee (occupier)
2. Background: Sets out the context of the agreement and confirms the owner's right to grant the license
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Clearly states the grant of license and its nature as a personal right to occupy rather than a lease
5. Licensed Area: Precise description of the area covered by the license
6. Term: Duration of the license, including start and end dates
7. License Fee: Amount payable, payment terms, and review mechanisms
8. Permitted Use: Specifies exactly how the Licensee may use the Licensed Area
9. Licensee's Obligations: Core responsibilities of the Licensee including maintenance, conduct, and compliance with laws
10. Licensor's Obligations: Core responsibilities of the Licensor including access and basic services
11. Insurance: Insurance requirements for both parties
12. Termination: Circumstances and process for ending the license
13. Notices: How formal communications between parties should be made
14. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation
1. Utilities and Outgoings: Include when the Licensee is responsible for separate utility payments
2. Security Deposit: Include when a security deposit is required from the Licensee
3. Fit-out Works: Include when the Licensee is permitted to perform works in the Licensed Area
4. Share Facilities: Include when the Licensee has rights to use shared facilities
5. Environmental Obligations: Include for properties with specific environmental requirements or sensitivities
6. Operating Hours: Include when access is restricted to specific times
7. Sublicensing and Assignment: Include when specifically prohibiting or allowing transfer of rights
8. Emergency Procedures: Include for high-risk or commercial properties
9. Car Parking: Include when parking rights are part of the license
1. Schedule 1 - Plan of Licensed Area: Detailed plan or drawing showing the licensed area
2. Schedule 2 - License Fee Schedule: Breakdown of fees, payment dates, and review mechanisms
3. Schedule 3 - Condition Report: Documents the condition of the Licensed Area at commencement
4. Schedule 4 - Special Conditions: Any specific conditions or variations applicable to this license
5. Schedule 5 - Building Rules: If applicable, rules governing the use of the building or facility
6. Appendix A - Required Insurances: Detailed insurance requirements and minimum coverage amounts
7. Appendix B - Fit-out Guidelines: If applicable, specifications for permitted alterations or improvements
Relevant legal definitions
Commencement Date
Expiry Date
Licensed Area
Permitted Use
License Fee
Payment Date
Licensor
Licensee
Security Deposit
Building
Common Areas
Business Day
Contamination
Emergency
Environmental Laws
Force Majeure Event
GST
Hazardous Materials
Insurance Requirements
Interest Rate
Land
Notice
Occupational Health and Safety Laws
Operating Hours
Outgoings
Plans and Specifications
Related Entity
Review Date
Services
Shared Facilities
Term
Utilities
Working Hours
Expiry Date
Licensed Area
Permitted Use
License Fee
Payment Date
Licensor
Licensee
Security Deposit
Building
Common Areas
Business Day
Contamination
Emergency
Environmental Laws
Force Majeure Event
GST
Hazardous Materials
Insurance Requirements
Interest Rate
Land
Notice
Occupational Health and Safety Laws
Operating Hours
Outgoings
Plans and Specifications
Related Entity
Review Date
Services
Shared Facilities
Term
Utilities
Working Hours
Clauses
Grant of License
Term
License Fee
Payment Terms
Permitted Use
Access Rights
Utilities and Services
Maintenance and Repair
Alterations
Insurance
Liability and Indemnity
Assignment and Sublicensing
Termination
Default and Remedies
Force Majeure
Health and Safety
Environmental Compliance
Security
Quiet Enjoyment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Variation
Severability
Costs
GST
Confidentiality
Emergency Procedures
Risk and Property
Term
License Fee
Payment Terms
Permitted Use
Access Rights
Utilities and Services
Maintenance and Repair
Alterations
Insurance
Liability and Indemnity
Assignment and Sublicensing
Termination
Default and Remedies
Force Majeure
Health and Safety
Environmental Compliance
Security
Quiet Enjoyment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Variation
Severability
Costs
GST
Confidentiality
Emergency Procedures
Risk and Property
Relevant Industries
Real Estate
Agriculture
Education
Retail
Sports and Recreation
Religious
Community Services
Government
Construction
Events and Entertainment
Mining
Telecommunications
Relevant Teams
Legal
Property Management
Facilities Management
Real Estate
Operations
Asset Management
Compliance
Commercial
Contract Administration
Risk Management
Relevant Roles
Property Manager
Real Estate Agent
Legal Counsel
Facilities Manager
Land Manager
Commercial Property Officer
Property Development Manager
Asset Manager
Compliance Officer
Operations Manager
Estate Manager
Contract Administrator
Property Officer
Site Manager
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