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.