ROADS ACT 1993 - SECT 149
Leasing of land above or below public road
ROADS ACT 1993 - SECT 149
Leasing of land above or below public road
149 Leasing of land above or below public road
(1) A roads authority may lease the air space above, or land below the surface
of, any public road (other than a Crown road) that is owned by the authority.
(2) Such a lease may not be granted by a roads authority other than TfNSW
except with the approval of the Secretary of the Department of Planning and
Environment.
(3) The Secretary of the Department of Planning and Environment
must not approve a lease in respect of a public road if the granting of the
lease would be inconsistent with the rights of passage and access that exist
with respect to the road.
(4) The term of a lease, together with any option
to renew, must not exceed 99 years.
