sec.13Crossing roads, reserves, watercourses etc.

### sec.13 Crossing roads, reserves, watercourses etc. This section applies to the parts of reserves, roads, watercourses and land of other tenure mentioned in schedule 1 , part 1 , item 7 (the land ). This section applies only for ensuring miscellaneous transport infrastructure can be constructed, operated and maintained across the land. The rights and obligations conferred or imposed by the easement apply to the land. However, the rights and obligations can not be exercised or performed because of this section unless the entity responsible for the land gives to a licensee under the Transport Infrastructure Act 1994 consent to the exercise or performance of the rights and obligations. If the responsible entity fails to give the consent under subsection (4) , the licensee may apply to the Premier for the consent. The consent of the Premier under subsection (5) is taken for all purposes to be the consent of the responsible entity. In this section— responsible entity means the following— for a non-tidal watercourse—the chief executive of the department through which the Water Act 2000 is administered; for a tidal watercourse—the chief executive of the department through which the Transport Infrastructure Act 1994 is administered; for a reserve—the trustee of the reserve; for a road—the local government for the area in which the road is located or, if the road is a State controlled road, the chief executive of the department through which the Transport Infrastructure Act 1994 is administered; otherwise—the chief executive of the department through which the Land Act 1994 is administered. s 13 amd 2000 No. 34 s 1145 sch 3 (sec.13-ssec.1) This section applies to the parts of reserves, roads, watercourses and land of other tenure mentioned in schedule 1 , part 1 , item 7 (the land ). (sec.13-ssec.2) This section applies only for ensuring miscellaneous transport infrastructure can be constructed, operated and maintained across the land. (sec.13-ssec.3) The rights and obligations conferred or imposed by the easement apply to the land. (sec.13-ssec.4) However, the rights and obligations can not be exercised or performed because of this section unless the entity responsible for the land gives to a licensee under the Transport Infrastructure Act 1994 consent to the exercise or performance of the rights and obligations. (sec.13-ssec.5) If the responsible entity fails to give the consent under subsection (4) , the licensee may apply to the Premier for the consent. (sec.13-ssec.6) The consent of the Premier under subsection (5) is taken for all purposes to be the consent of the responsible entity. (sec.13-ssec.7) In this section— responsible entity means the following— for a non-tidal watercourse—the chief executive of the department through which the Water Act 2000 is administered; for a tidal watercourse—the chief executive of the department through which the Transport Infrastructure Act 1994 is administered; for a reserve—the trustee of the reserve; for a road—the local government for the area in which the road is located or, if the road is a State controlled road, the chief executive of the department through which the Transport Infrastructure Act 1994 is administered; otherwise—the chief executive of the department through which the Land Act 1994 is administered. - (a) for a non-tidal watercourse—the chief executive of the department through which the Water Act 2000 is administered; - (b) for a tidal watercourse—the chief executive of the department through which the Transport Infrastructure Act 1994 is administered; - (c) for a reserve—the trustee of the reserve; - (d) for a road—the local government for the area in which the road is located or, if the road is a State controlled road, the chief executive of the department through which the Transport Infrastructure Act 1994 is administered; - (e) otherwise—the chief executive of the department through which the Land Act 1994 is administered.