sec.355ALicence in relation to light rail land or infrastructure

### sec.355A Licence in relation to light rail land or infrastructure The chief executive may, for the State, grant to a person a licence in relation to light rail land or light rail transport infrastructure for any of the following purposes— construction, maintenance or operation of any thing on the land; the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; the erection, alteration or operation of an advertising sign or other advertising device a retail outlet maintenance, management or operation of the land or infrastructure. A licence under subsection (1) is subject to any conditions that the chief executive considers appropriate and that are stated in the licence. If the chief executive gives the registrar of titles written notice of a licence granted under subsection (1) , the registrar must record the licence against the land in the appropriate register. If a licence recorded under subsection (3) is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register. No fee is payable for recording a licence under subsection (3) . A licence under subsection (1) may be mortgaged, sublicensed or transferred with the consent of the chief executive. Despite the Land Act 1994 , chapter 4 , part 4 , the chief executive of the department in which that Act is administered can not issue a permit under that provision to occupy— light rail land to which a licence under subsection (1) relates; or land on which light rail transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated. Subsection (7) applies if there is any inconsistency between— a local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 357 or 358 of this Act; and a provision of a licence under subsection (1) . To the extent of the inconsistency the provision of the licence prevails. To remove any doubt, it is declared that the Land Act 1994 does not apply to the grant of a licence under this section. In this section— light rail land includes private agreement land or State land— on which light rail transport infrastructure is, or is proposed to be, situated; or required for the construction of light rail transport infrastructure works. private agreement land means land— held by a person other than the State; and that is the subject of an agreement— in relation to light rail transport infrastructure between the person and the State; and providing for the grant of a licence under this section. s 355A ins 2010 No. 19 s 172 amd 2011 No. 12 s 56 ; 2014 No. 43 s 44 (sec.355A-ssec.1) The chief executive may, for the State, grant to a person a licence in relation to light rail land or light rail transport infrastructure for any of the following purposes— construction, maintenance or operation of any thing on the land; the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; the erection, alteration or operation of an advertising sign or other advertising device a retail outlet maintenance, management or operation of the land or infrastructure. (sec.355A-ssec.2) A licence under subsection (1) is subject to any conditions that the chief executive considers appropriate and that are stated in the licence. (sec.355A-ssec.3) If the chief executive gives the registrar of titles written notice of a licence granted under subsection (1) , the registrar must record the licence against the land in the appropriate register. (sec.355A-ssec.3A) If a licence recorded under subsection (3) is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register. (sec.355A-ssec.3AA) No fee is payable for recording a licence under subsection (3) . (sec.355A-ssec.4) A licence under subsection (1) may be mortgaged, sublicensed or transferred with the consent of the chief executive. (sec.355A-ssec.5) Despite the Land Act 1994 , chapter 4 , part 4 , the chief executive of the department in which that Act is administered can not issue a permit under that provision to occupy— light rail land to which a licence under subsection (1) relates; or land on which light rail transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated. (sec.355A-ssec.6) Subsection (7) applies if there is any inconsistency between— a local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 357 or 358 of this Act; and a provision of a licence under subsection (1) . (sec.355A-ssec.7) To the extent of the inconsistency the provision of the licence prevails. (sec.355A-ssec.8) To remove any doubt, it is declared that the Land Act 1994 does not apply to the grant of a licence under this section. (sec.355A-ssec.9) In this section— light rail land includes private agreement land or State land— on which light rail transport infrastructure is, or is proposed to be, situated; or required for the construction of light rail transport infrastructure works. private agreement land means land— held by a person other than the State; and that is the subject of an agreement— in relation to light rail transport infrastructure between the person and the State; and providing for the grant of a licence under this section. - (a) construction, maintenance or operation of any thing on the land; - (b) the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; Examples— • the erection, alteration or operation of an advertising sign or other advertising device • a retail outlet - • the erection, alteration or operation of an advertising sign or other advertising device - • a retail outlet - (c) maintenance, management or operation of the land or infrastructure. - • the erection, alteration or operation of an advertising sign or other advertising device - • a retail outlet - (a) light rail land to which a licence under subsection (1) relates; or - (b) land on which light rail transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated. - (a) a local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 357 or 358 of this Act; and - (b) a provision of a licence under subsection (1) . - (a) on which light rail transport infrastructure is, or is proposed to be, situated; or - (b) required for the construction of light rail transport infrastructure works. - (a) held by a person other than the State; and - (b) that is the subject of an agreement— (i) in relation to light rail transport infrastructure between the person and the State; and (ii) providing for the grant of a licence under this section. - (i) in relation to light rail transport infrastructure between the person and the State; and - (ii) providing for the grant of a licence under this section. - (i) in relation to light rail transport infrastructure between the person and the State; and - (ii) providing for the grant of a licence under this section.