138ALicence for strata of Crown land

138A Licence for strata of Crown land

S. 138A(1) repealed by No. 79/1993 s. 6(a).

(2) A licence under section 138 may be granted—

(a) without being limited to a particular stratum; or

(b) for a stratum of Crown land.

(3) A licence for a stratum of Crown land must not be granted unless the person granting the licence—

(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) the licensee can obtain reasonable access to and use of the land to be licensed; and

(ii) a licence under this Act is not in force for the stratum; and

(iii) the granting of the licence would not interfere with the exercise of rights under any other licence for a stratum or for land.

(4) Examples of the matters which must be taken into account by a person authorised to grant a licence under subsection (3)(b)(i) include but are not limited to the following:

(a) The fact that the stratum is to be used as a crossing over or tunnel under the surface of the land, for the purpose of passing between 2 pieces of land owned or occupied by the applicant for the licence;

(b) The fact that the stratum is to be used as a crossing over or tunnel under the surface of land and that the licensee has obtained rights of access to neighbouring land sufficient to enable the licensee to use the crossing or tunnel, whether those rights are interests in land or are created by agreement or otherwise;

(c) If the licensee proposes to erect a building or structure, the fact that provision has been made for the support of the building or structure, whether by the creation of proprietary interests or rights under an agreement, or in any other way.

S. 138A(5) amended by No. 79/1993 s. 6(c).

(5) Despite section 138(2), a licence over a stratum of Crown land may be granted even though the land is—

S. 138A(5)(a) amended by No. 51/2016 s. 21.

(b) proclaimed as a road or public highway under an Act; or

S. 138A(5)(c) amended by No. 79/1993 s. 6(b).

(c) reserved as a road under the Crown Land (Reserves) Act 1978; or

S. 138A(5)(d) inserted by No. 79/1993 s. 6(b), amended by No. 12/2004 s. 161(2).

if the person granting the licence is satisfied that the exercise of the licensee's rights under the licence would not interfere with the use of the road by the public and the stratum covered by the licence does not include the level at which the road is constructed.