[Julia Freer]

Hi Meredith

Narrandera Shire has also just received the same request from PropertyNSW. I have made contact with our neighbouring LGAs who have not heard from Property NSW (yet). Agreed that Sect 555(1)(a) does refer to lease but by definition of a lease in the LGA 1993 definition section – “A lease – (a) includes an original lease, derivative lease or an under-lease or an agreement for any of them, and extends to any case where there is a relation of landlord and tenant, whether there is or is not any instrument in writing”. A lease – (b) refers to Crown land includes licence, permit, permissive occupancy or authority…. is taken for the purpose of this Act to be held under lease by the person in lawful occupation…….”

I have also made contact with Elizabeth Hayes (Legal Officer) at LGNSW and have asked if in the absence of a written lease, if money is received by Property NSW, or is part of the remuneration package of the occupant, or that there is the lawful occupation of the property without the exchange of money, that a relationship has been established between PropertyNSW and the occupant and that this constitute a “lease”. Elizabath has advised that she will look into this issue next week but you might like to also contact her to advise that you have received the same message from PropertyNSW so she can see that other Councils have been approached/affected.