Broadcast Australia Pty Ltd v Minister Assisting the Minister for Natural Resources (Lands)

Real property – Permissive occupancy - Commonwealth was granted permissive occupancy over a parcel of New South Wales Crown land - Condition of permissive occupancy that it not be transferred or sold without the prior consent of the respondent - Commonwealth law declaring that the permissive occupancy would vest in the appellant as its successor - Respondent's prior consent not obtained - Whether permissive occupancy an asset capable of being vested in another by statute - Whether permissive occupancy revoked by reason of the Commonwealth declaration.

Constitution – s 109.

National Transmission Network Sale Act 1998 (Cth) – ss 3, 9, 12.

Crown Lands Consolidation Act 1913 (NSW) – ss 6, 136K.

Crown Lands (Continued Tenures) Act 1989 (NSW) – ss 5, 11, Sched 2 Pt 6, Sched 5 cl 11.