CENTURY ZINC PROJECT ACT 1997 - SECT 13
Crossing roads, reserves, watercourses etc.
CENTURY ZINC PROJECT ACT 1997 - SECT 13
Crossing roads, reserves, watercourses etc.
13 Crossing roads, reserves, watercourses etc.
(1) This section applies to the parts of reserves, roads, watercourses and
land of other tenure mentioned in schedule 1 , part 1, item 7 (the
"land" ).
(2) This section applies only for ensuring miscellaneous transport
infrastructure can be constructed, operated and maintained across the land.
(3) The rights and obligations conferred or imposed by the easement apply to
the land.
(4) However, the rights and obligations can not be exercised or
performed because of this section unless the entity responsible for the land
gives to a licensee under the Transport Infrastructure Act 1994consent to the
exercise or performance of the rights and obligations.
(5) If the
responsible entity fails to give the consent under subsection (4) , the
licensee may apply to the Premier for the consent.
(6) The consent of the
Premier under subsection (5) is taken for all purposes to be the consent of
the responsible entity.
(7) In this section—
"responsible entity" means the following—
(a) for a non-tidal
watercourse—the chief executive of the department through which the
Water Act 2000is administered;
(b) for a tidal watercourse—the chief
executive of the department through which the
Transport Infrastructure Act 1994is administered;
(c) for a reserve—the
trustee of the reserve;
(d) for a road—the local government for the area in
which the road is located or, if the road is a State controlled road, the
chief executive of the department through which the
Transport Infrastructure Act 1994is administered;
(e) otherwise—the chief
executive of the department through which the Land Act 1994is administered.