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ARTICLE · 20 JANUARY 2014

Sydney waterfront property owners with valid existing use rights can now take out 20 year leases over maritime structures

Leases cover maritime structures like jetties, slipways, boat houses, mooring piles, mooring pens, davits and pontoons.

AustraliaReal Estate and Construction

In brief - Legislation amended in December 2013 to permit subdivision for leases of 20 years

Roads and Maritime Services in NSW is currently in the process of issuing new leases to its lessees. In particular, it is offering the option of either a three year or 20 year lease. The leases cover maritime structures such as jetties, slipways, boat houses, mooring piles, mooring pens, davits and pontoons.

Reliance on existing use rights over maritime structures

A number of lessees who already have maritime structures adjoining their land had been relying on existing use rights in relation to development approval for the maritime structures. In other words, they do not have a current development consent.

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