188DProvisions relating to certain existing access roads on National Park Estate lands

188D Provisions relating to certain existing access roads on National Park Estate lands

188D Provisions relating to certain existing access roads on National Park Estate lands

(1) Maintenance and improvement works The Secretary may authorise work to be carried out for the maintenance or improvement of an access road.

(2) Work authorised under this section may only be carried out to enable the access road to continue to be used for the purposes for which the road was used before land on which the road is situated was vested in the Minister.

(3) Such maintenance and improvement work may be carried out even if it involves ancillary work on reserved land that adjoins the land on which the access road is situated.

(4) The carrying out of work authorised under this section is not a contravention of this Act or the regulations.

(5) Determination of width of existing access roads At the time an exclusion order is made, the Minister may, by order published in the Gazette, determine a width (not being a width greater than 30 metres) for an access road that is to be excluded from reservation under this Act by the exclusion order.

Note.

Under the various provisions relating to access roads on National Park Estate lands, certain access roads were vested in the Minister as land acquired under Part 11 and not reserved under this Act. These provisions require the Minister to determine within specified times whether those access roads are to be excluded from reservation (and remain as land acquired under Part 11) or included in the reserved lands surrounding them.

(6) An order under subsection (5) may—

(a) be made only with the concurrence of the Minister administering the Forestry Act 2012, and

(b) be made by the same order that constitutes the exclusion order concerned, and

(c) only be made if the Minister has determined it is appropriate after considering—

(i) the objects of this Act, and

(ii) whether a road of the determined width is necessary to provide access to land in the vicinity of the road or to provide an appropriate set back (within the meaning of section 188C) from the carriageway of the road.