153DLeases, licences and easements for broadcasting or telecommunications facilities

#### 153D Leases, licences and easements for broadcasting or telecommunications facilities 153D Leases, licences and easements for broadcasting or telecommunications facilities > > (1) For the purpose of the erection, use or maintenance of broadcasting or telecommunications facilities, the Minister may grant leases of, or licences to occupy or use, or easements or rights of way through, on or in, any land reserved under this Act. > > > (2) A lease, licence, easement or right of way under this section may be granted subject to such terms and conditions as the Minister may determine. > > > (3) The Minister may from time to time revoke or vary any grant under this section of an easement or right of way. > > > (4) The Minister must not grant a lease, licence, easement or right of way under this section unless the Minister is satisfied that— > > > > > (a) there is no feasible alternative site for the proposed broadcasting or telecommunications facility concerned on land that is not reserved under this Act, and > > > > > (b) the site of any proposed above ground broadcasting or telecommunications facility covers the minimum area possible, and > > > > > (c) the proposed broadcasting or telecommunications facility is to be designed and constructed in such a manner as to minimise risk of damage to the facility from bushfires, and > > > > > (d) the site and construction of the proposed broadcasting or telecommunications facility have been selected, as far as is practicable, to minimise the visual impact of the facility, and > > > > > (e) if feasible, an existing means of access to the proposed site of the lease, licence, easement or right of way is to be used, and > > > > > (f) the proposed broadcasting or telecommunications facility is essential for the provision of broadcasting or telecommunications services for land reserved under this Act or for surrounding areas to be served by the facility, and > > > > > (g) the broadcasting or telecommunications facility is to be removed and the site of the facility is to be restored as soon as possible after the facility becomes redundant (for example, due to advances in technology), and > > > > > (h) the site of the proposed broadcasting or telecommunications facility has been selected after taking into account the objectives set out in any plan of management relating to the land concerned, and > > > > > (i) the proposed broadcasting or telecommunications facility is, if feasible, to be co-located with an existing structure or located at a site that is already disturbed by an existing lease, licence, easement or right of way on the land concerned. > > > (5) The Minister must not grant a lease, licence, easement or right of way under this section in respect of land that is within an area designated as a remote natural area in a plan of management or an Aboriginal area. > > > (6) In this section— > > > > broadcasting or telecommunications facility means— > > > > > (a) a facility used for the purpose of providing broadcasting services within the meaning of the [Broadcasting Services Act 1992](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) a facility within the meaning of the [Telecommunications Act 1997](http://www.legislation.gov.au/) of the Commonwealth. > > **s 153D:** Ins 2003 No 37, Sch 1 \[4\]. Am 2010 No 38, Sch 1 \[77\] \[78\].