134ALeasing of strata of Crown land

134A Leasing of strata of Crown land

(1) A lease under this subdivision may be granted—

(a) without being limited to a particular stratum of Crown land; or

(b) for a stratum of Crown land.

(2) The Minister must not grant a lease under this subdivision for a stratum of Crown land unless he or she—

(a) has first consulted the Council of the municipal district in which the stratum is located and, where a planning scheme applies to the stratum and the Minister administering the Planning and Environment Act 1987 is the responsible authority, that Minister; and

(b) is satisfied that—

(i) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

(ii) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

(iii) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

(iv) provision has been made (in the lease or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land; and

(c) in the case of land described in subsection (5)(a) to (d), is also satisfied that the exercise of the lessee's rights under the lease will not interfere with the use of that land by the public.

(3) In determining whether the requirements of subsection (2)(b)(i)(iii) and (iv) are met the matters which the Minister may take into account include, but are not limited to, any of the following—

(a) the fact that the proposed lessee is the owner, lessee or occupier of land that can be used for access to or support of the stratum or for the provision of services to the stratum or through it to other land;

(b) the fact that the lessee has obtained rights over neighbouring land sufficient to provide access to or support of the stratum, or for the provision of services to the stratum or through it to other land whether, those rights are proprietary interests or not, and however they are created;

(c) the extent to which the rights referred to in paragraph (b) are capable of being enjoyed by the lessee's successors in title.

(4) The granting under this subdivision of a lease of a stratum of Crown land is conclusive proof of compliance with subsection (2) in respect of the lease.

(5) Despite section 134(2) and anything to the contrary in the , a lease under this subdivision may be granted for a stratum of Crown land even though the land is—