153CEasements, rights of way and licences for landlocked areas

#### 153C Easements, rights of way and licences for landlocked areas 153C Easements, rights of way and licences for landlocked areas > > (1) The Minister may, on such terms and conditions as the Minister thinks fit, grant an easement, right of way or licence through or over land reserved under this Act for the purposes of enabling access to other land if— > > > > > (a) the other land is completely or partially surrounded by land reserved under this Act, and > > > > > (b) the Minister— > > > > > > > (i) is satisfied that is not practical for the owner (or any occupier) of the other land to obtain an alternative means of access (whether by land or water) because it is not legally or physically available, or > > > > > > > (ii) while satisfied that it is practical for the owner (or any occupier) of the other land to obtain an alternative means of access, considers that the proposed means of access will have a lesser environmental impact than that alternative means of access to the land concerned, or > > > > > > > (iii) while satisfied that it is practical for the owner (or any occupier) of the other land to obtain an alternative means of access, considers that the proposed means of access will assist in more efficient management of the reserved land and will have no greater environmental impact than that alternative means of access to the land concerned. > > > (2) The Minister must not grant an easement, right of way or licence under subsection (1) unless the Minister is satisfied that— > > > > > (a) the access proposed to be granted under the easement, right of way or licence will not have a significant impact on the environment of the area adjacent to the proposed access, and > > > > > (b) the access proposed to be granted under the easement, right of way or licence is consistent with the relevant plan of management. > > > (3) The Minister must not grant an easement, right of way or licence under subsection (1) unless the Minister has considered— > > > > > (a) the extent of, and legality of, any access that the owner (or any occupier) had to the land before that access became unavailable, and > > > > > (b) any guidelines (as referred to in subsection (4)) in relation to access to land. > > > (4) The Secretary must prepare and adopt, after consulting with the Council, guidelines relating to the provision of access to land under this section, and may, from time to time, vary those guidelines after further consultation with the Council. > > **s 153C (previously s 153B):** Ins 2001 No 130, Sch 1 \[63\]. Renumbered 2003 No 40, Sch 1.32 \[4\]. Am 2010 No 38, Sch 1 \[76\].