46Leases, licences and other estates in respect of community land—generally

#### 46 Leases, licences and other estates in respect of community land—generally 46 Leases, licences and other estates in respect of community land—generally > > (1) A lease, licence or other estate in respect of community land— > > > > > (a) may be granted for the provision of public utilities and works associated with or ancillary to public utilities, or > > > > > (a1) may be granted for the purpose of providing pipes, conduits or other connections under the surface of the ground for the connection of premises adjoining the community land to a facility of the council or other public utility provider, or > > > > > (b) may be granted, in accordance with an express authorisation in the plan of management and such provisions of the plan of management as apply to the granting of the lease, licence or other estate— > > > > > > > (i) for a purpose prescribed by subsection (4), or for a purpose prescribed by any of sections 36E to 36N as a core objective of the categorisation of the land concerned, or > > > > > > > (ii) for a purpose prescribed by the regulations, if the plan of management applies to several areas of community land, or > > > > > > > (iii) for a short-term, casual purpose prescribed by the regulations, or > > > > > > > (iv) for a residential purpose in relation to housing owned by the council, or > > > > > > > (v) (Repealed) > > > > > (c) may be granted in order to allow a filming project to be carried out, whether or not the project is in accordance with the plan of management or is consistent with the core objectives of the categorisation of the land concerned, > > > > but may not otherwise be granted. > > > (2) Despite subsection (1), a lease, licence or other estate in respect of community land may be granted for a purpose mentioned in subsection (1)(b) only if the purpose for which it is granted is consistent with the core objectives, as prescribed in this Part, of its categorisation. > > > (3) A council must not grant a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 30 years. > > > (4) The following purposes are prescribed for the purposes of subsection (1)(b)(i)— > > > > > (a) the provision of goods, services and facilities, and the carrying out of activities, appropriate to the current and future needs within the local community and of the wider public in relation to any of the following— > > > > > > > (i) public recreation, > > > > > > > (ii) the physical, cultural, social and intellectual welfare or development of persons, > > > > > (b) the provision of public roads. > > > (5) Purposes prescribed by subsection (4) in relation to the matters mentioned in subsection (4)(a)(ii) include, but are not limited to, maternity welfare centres, infant welfare centres, kindergartens, nurseries, child care centres, family day-care centres, surf life saving clubs, restaurants or refreshment kiosks. > > > (5A) A council must grant an application under subsection (1)(c) for a lease, licence or other estate in respect of community land in order to allow a filming project to be carried out on the land unless— > > > > > (a) the community land is land referred to in section 47AA(1), or > > > > > (b) the plan of management for the land expressly prohibits use of the land for the purposes of filming projects, or > > > > > (c) the council is satisfied that there are exceptional circumstances that warrant refusal of the application. > > > (5B) Before refusing an application on a ground referred to in subsection (5A)(c), the council must consider whether any concerns it has could be addressed by imposing conditions on the grant. > > > (5C) If the council refuses an application, it must— > > > > > (a) inform the applicant in writing of its decision as soon as practicable after it is made, and > > > > > (b) give the applicant reasons in writing for its decision within 3 business days after it is made. > > > (6) A plan of management is void to the extent that it purports to authorise the grant of a lease, licence or other estate in contravention of this section. > > **s 46:** Subst 1998 No 140, Sch 1 \[14\]. Am 2000 No 6, Sch 1 \[1\]; 2002 No 40, Sch 1 \[7\]–\[9\]; 2008 No 39, Sch 1.3 \[1\]; 2012 No 15, Sch 1 \[1\].