NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 153C
Easements, rights of way and licences for landlocked areas
NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 153C
Easements, rights of way and licences for landlocked areas
153C Easements, rights of way and licences for landlockedareas
(1) The Minister may, on such terms and conditions as the Minister thinks fit,
grant an easement, right of way or licence through or over land reserved under
this Act for the purposes of enabling access to other land if--
(a) the other
land is completely or partially surrounded by land reserved under this Act,
and
(b) the Minister--
(i) is satisfied that is not practical for the owner
(or any occupier) of the other land to obtain an alternative means of access
(whether by land or water) because it is not legally or physically available,
or
(ii) while satisfied that it is practical for the owner (or any occupier)
of the other land to obtain an alternative means of access, considers that the
proposed means of access will have a lesser environmental impact than that
alternative means of access to the land concerned, or
(iii) while satisfied
that it is practical for the owner (or any occupier) of the other land to
obtain an alternative means of access, considers that the proposed means of
access will assist in more efficient management of the reserved land and will
have no greater environmental impact than that alternative means of access to
the land concerned.
(2) The Minister must not grant an easement, right of way
or licence under subsection (1) unless the Minister is satisfied that--
(a)
the access proposed to be granted under the easement, right of way or licence
will not have a significant impact on the environment of the area adjacent to
the proposed access, and
(b) the access proposed to be granted under the
easement, right of way or licence is consistent with the relevant
plan of management.
(3) The Minister must not grant an easement, right of way
or licence under subsection (1) unless the Minister has considered--
(a) the
extent of, and legality of, any access that the owner (or any occupier) had to
the land before that access became unavailable, and
(b) any guidelines (as
referred to in subsection (4)) in relation to access to land.
(4) The
Secretary must prepare and adopt, after consulting with the Council,
guidelines relating to the provision of access to land under this section, and
may, from time to time, vary those guidelines after further consultation with
the Council.