139Nature of consent

#### 139 Nature of consent 139 Nature of consent > > (1) A consent under this Division— > > > > > (a) may be granted on the roads authority’s initiative or on the application of any person, and > > > > > (b) may be granted generally or for a particular case, and > > > > > (c) may relate to a specific structure, work or tree or to structures, works or trees of a specified class, and > > > > > (c1) in relation to integrated development within the meaning of section 91 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), is subject to Division 5 of Part 4 of that Act, and > > > > > (d) may be granted on such conditions as the appropriate roads authority thinks fit. > > > (2) In particular, a consent under this Division with respect to the construction of a utility service in, on or over a public road may require the service to be located— > > > > > (a) in such position as may be indicated in that regard in a plan of subdivision or other plan registered in the office of the Registrar-General with respect to the road, or > > > > > (b) in such other position as the roads authority may direct. > > > (3) In particular, a consent under this Division with respect to the erection of a structure may be granted subject to a condition that permits or prohibits the use of the structure for a specified purpose or purposes. > > **s 139:** Am 1994 No 44, Sch 19; 1996 No 8, Sch 1 (3); 1997 No 152, Sch 4.34 \[3\]; 1998 No 54, Sch 2.30.