NSWIn ForceAct
Royal Botanic Gardens and Domain Trust Act 1980
20Grant of leases, licences and easements
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#### 20 Grant of leases, licences and easements
20 Grant of leases, licences and easements
> > (1) In this section, easement includes an easement without a dominant tenement referred to in section 88A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).
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> > (2) The Trust may grant—
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> > > (a) a lease of any part of the Trust lands for a commercial purpose (such as a restaurant), or any other purpose, that would directly or indirectly assist in attaining the objects of the Trust, and
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> > > (b) easements through, upon or in the Trust lands described in Schedule 2—
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> > > > (i) for the construction of pipelines, the laying or re-laying of cables or the construction of any apparatus to be used in connection with those pipelines or cables,
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> > > > (ii) for the purpose of providing access to the dwelling situated on or within those lands or to other places situated within or adjacent to those lands, or
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> > > > (iii) for any other purpose it considers necessary and that would directly or indirectly assist in the attainment of its objects, and
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> > > (c) licences authorising entry upon the Trust lands described in Schedule 2 for the purpose of the maintenance, re-laying or repair of any pipelines or cables or the maintenance or repair of any apparatus used in connection therewith, being pipelines, cables or apparatus situated on or in those lands at the commencement of this section, or for any other purpose that would directly or indirectly assist in the attainment of its objects.
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> > (3) A lease granted pursuant to subsection (2) (a) may not have a term that, together with the term of any further lease which may be granted pursuant to an option contained in the lease, exceeds 50 years.
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> > (3A) Also, a lease under subsection (2)(a) or a licence under subsection (2)(c) may not be granted for a term of more than 5 years unless the Minister has consented to the lease or licence.
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> > (4) Sections 88A and 181A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) apply to and in respect of an instrument purporting to grant an easement under subsection (2).
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> **s 20:** Am 1985 No 3, Sch 1 (2); 1996 No 20, Sch 1 \[3\] \[4\]; 1997 No 17, Sch 2.6; 1999 No 71, Sch 1 \[1\]–\[3\]; 2024 No 86, Sch 1\[1\]–\[3\].