149Leasing of land above or below public road

#### 149 Leasing of land above or below public road 149 Leasing of land above or below public road > > (1) A roads authority may lease the air space above, or land below the surface of, any public road (other than a Crown road) that is owned by the authority. > > > (2) Such a lease may not be granted by a roads authority other than TfNSW except with the approval of the Secretary of the Department of Planning and Environment. > > > (3) The Secretary of the Department of Planning and Environment must not approve a lease in respect of a public road if the granting of the lease would be inconsistent with the rights of passage and access that exist with respect to the road. > > > (4) The term of a lease, together with any option to renew, must not exceed 99 years. > > **s 149:** Am 2011 No 41, Sch 5.50 \[1\]; 2017 No 22, Sch 4.41.