52CAApplication for licence

### 52CA Application for licence > *\[Section 52CA Inserted by No. 69 of 1994, s. 7 \]* > > > (1)  [*\[Section 52CA Subsection (1) amended by No. 39 of 2019, s. 7, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-039#GS7@Hpb@EN) [*\[Section 52CA Subsection (1) amended by No. 39 of 2019, s. 7, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-039#GS7@Hpa@EN) Subject to [subsections (2)](#GS52CA@Gs2@EN) and [(3)](#GS52CA@Gs3@EN) , an owner of land who does not have access to the land across a common boundary with a road because of a proclamation declaring that road to be a limited access road may apply for a licence referred to in [section 52CC](#GS52CC@EN) . > > > (2)  [*\[Section 52CA Subsection (2) substituted by No. 39 of 2019, s. 7, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-039#GS7@Hpc@EN) An owner of land may only apply for a licence in respect of an access to the land if – > > > > > > (a) he or she, or any previous owner of the land, has not received compensation under this Part in relation to that access, other than compensation under this Part that is, or has been, reduced to take into account that an owner of the land has gained, or retained, access to the limited access road other than at a proclaimed place of access; and > > > > > > > (b) subject to [subsection (3)](#GS52CA@Gs3@EN) , a licence has not been issued under this Part in respect of the land. > > > (3)  [*\[Section 52CA Subsection (3) substituted by No. 39 of 2019, s. 7, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-039#GS7@Hpc@EN) [Subsection (2)(b)](#GS52CA@Gs2@Hpb@EN) does not apply to land, in respect of which a licence has been issued under this Part (the ***initial licence***), if – > > > > > > (a) the land is to be subdivided; and > > > > > > > (b) the application for a new licence is to reallocate, to the land so subdivided, an access that was provided in respect of the land under the initial licence. > > > (4)  An application is to be – > > > > > > (a) in writing; and > > > > > > > (b) lodged with the Minister. > > > (5)  On receipt of an application, the Minister may – > > > > > > (a) grant the application with or without conditions; or > > > > > > > (b) refuse to grant the application. > > > (5A)  [*\[Section 52CA Subsection (5A) inserted by No. 39 of 2019, s. 7, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-039#GS7@Hpd@EN) The Minister may refuse to grant an application of an owner in respect of land – > > > > > > (a) if the Minister is satisfied that it was never intended for an owner of the land to have a licence allowing access to the land; or > > > > > > > (b) for any other reason that the Minister considers reasonable in the circumstances. > > > (5B)  [*\[Section 52CA Subsection (5B) inserted by No. 39 of 2019, s. 7, Applied:04 Nov 2019\]*](/view/html/inforce/2019-11-04/act-2019-039#GS7@Hpd@EN) The Minister may not grant an application in respect of land that is already the subject of a licence if the approval of the application would provide that land with more access under this Part than was in force in respect of the land before the application was made. > > > (6)  The Minister, by notice in writing, is to notify the owner of – > > > > > > (a) the grant of the application; or > > > > > > > (b) the refusal to grant the application and any reasons for the refusal.