13Access generally

13 Access generally s. 13 (1) An access right under section 10, 11 or 12 may be granted by way of lease, licence or permit or in any other way agreed between the person granting the right and the person to whom it is granted. (2) The nature and extent of that access right must be determined by agreement between the person granting the right and the person to whom it is granted or, failing that agreement, by the Minister. (3) If the Minister determines the nature and extent of an access right, the Minister may give any directions to the person who is to grant the right that the Minister considers necessary to implement that determination, and that person must comply with that direction. (4) An access right may be granted with or without fee or other consideration. (5) In determining the nature and extent of an access right, the factors which must be considered include, but are not limited to— (a) whether there is a usable road giving practicable access; (b) the means of access existing before the land became vested land; (c) the use of the land over which access is proposed; (d) whether the land to which access is required is wholly or partially surrounded by the land through which access is to be given. (6) An access right is also exercisable by the servants, agents or invitees of the person granted the right and by any person with a lease, licence, permit or authority over the land to which access is required. S. 13A inserted by No. 92/1994 s. 8.