106Conditions on lease over stratum of land

106 Conditions on lease over stratum of land (1) In imposing conditions on a lease of a stratum of land, the Governor in Council must have regard to the following matters— (a) that reasonable access to and use of the stratum and other land be provided for; and (b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and (c) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and (d) that the making, maintenance and removal of improvements by the lessee be provided for; and (e) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or telecommunications) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land, be provided for. (2) The granting of a lease under this Division of a stratum of land is conclusive proof of compliance with subsections (1)(a), (1)(b), (1)(c), (1)(d) and (1)(e) with respect to the lease.