Local Government (Highways) Act 1982
63Letting of highways not presently used
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63 Letting of highways not presently used
(1) Where the corporation has acquired highway rights over any land, it may, if the land is not presently required to be opened as a highway, let that land to the owner of any adjoining land.
(2) Where any land in a city or town forming the site of a highway is not immediately required for use as a highway –
(a) the Minister for Crown Lands may, if that land is Crown land, do either or both of the following things:
(i) grant leases of that land under the Crown Lands Act 1976 ;
(ii) issue licences under that Act authorizing the use of that land for the purposes respectively specified in those licences; or
(b) the corporation may, if that land is not Crown land, take possession of that land and do either or both of the following things:
(i) grant leases of that land;
(ii) issue licences authorizing the use of that land for the purposes respectively specified in those licences.
(3) Before granting a lease or issuing a licence as provided in subsection (2) (a) , the Minister for Crown Lands shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating his intention to grant the lease or to issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by that Minister.
(4) Before granting a lease or issuing a licence under subsection (2) (b) , the corporation shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating its intention to grant the lease or issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by the corporation.
(5) A lease under subsection (2) (b) shall –