175Minister can determine access way

#### 175 Minister can determine access way 175 Minister can determine access way > > (1) The lessee of a leased area, or the owner or occupier of any land adjoining the area, may apply in writing to the Minister for the determination of an access way over the area. > > > (2) On receiving such an application, the Minister must either— > > > > > (a) determine an access way over the area concerned, or > > > > > (b) refuse the application. > > > > Before determining an access way, the Minister must, in the case of an application made by the owner or occupier of adjoining land, serve on the lessee notice of the application. > > > (3) In determining an access way, the Minister may— > > > > > (a) specify what notice of the access way is to be given, and > > > > > (b) impose such conditions on the lessee, and direct the lessee to carry out such work for facilitating access by such way, as the Minister considers reasonable. > > > (4) The Minister may refuse an application by the owner or occupier of adjoining land unless satisfactory arrangements are made for the payment by the owner or occupier of the cost of the work required to be carried out for the access way, and of the cost of compensation for the withdrawal from the lease of land for the access way. > > > (5) The Minister may determine an access way without an application, but only after giving notice to the lessee concerned. > > > (6) The Minister may vary or rescind a determination, condition or direction made, imposed or given under this section. > > > (7) A failure to comply with a condition imposed on, or a direction given to, a lessee under this section is taken to be a breach of a condition of the lease of the area to which the condition or direction relates. > > > (8) The Minister may under section 176 withdraw from an aquaculture lease any part of the leased area determined under this section to be an access way. > > > (9) An access way determined under this section affects land brought under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) only when the Registrar-General has made an appropriate recording in the folio for the land. > > > (10) A public authority or trustees in which a leased area is vested may exercise the functions of the Minister under this section. > > > (11) An access way determined under this section is not affected by any renewal or transfer of the lease.