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Land Act 1958
138Minister or authorized person may grant licences
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138 Minister or authorized person may grant licences
S. 138(1) amended by Nos 96/1994 s. 15(a), 40/2020 s. 42.
(1) The Minister or a person duly authorized by him may grant to an applicant a licence to enter and use for any purpose which the person granting the licence thinks fit (except for agricultural purposes or a purpose for which a licence under sections 140A, 140I and 142 may be granted) any Crown land which is not held under a lease under this Act.
S. 138(2) amended by No. 96/1994 s. 15(b).
(2) Subject to subsections (3) and (4), nothing in subsection (1) constitutes an authority to grant a licence to enter and use any land which is reserved either temporarily or permanently under section 4 of the **Crown Land (Reserves) Act 1978** where the reservation of the land has not been revoked.
S. 138(3) amended by No. 81/1989 s. 3(Sch. item 25.12).
(3) The Minister or any person duly authorized by him may grant a licence to enter land which is reserved either temporarily or permanently under section 4 of the **Crown Land (Reserves) Act 1978**, notwithstanding that the reservation has not been revoked—
(a) where the purpose of the licence is—
(i) to remove materials from the bed or banks of any waterway on the land;
(ii) to manufacture and remove salt; or
(iii) to seek and remove gemstones or any other objects specified in the licence; and
(b) where the land is not vested in trustees or in a municipality and is not under the control of a committee of management or of a person or body pursuant to section 18(1) of the **Crown Land (Reserves) Act 1978**.
S. 138(4) inserted by No. 96/1994 s. 15(c).
(4) A licence under this subdivision may be granted over an unused road or water frontage.
S. 138A inserted by No. 90/1989 s. 7(1).