CROWN LAND (RESERVES) ACT 1978 - SECT 17E Use of reserved land for car parks

CROWN LAND (RESERVES) ACT 1978 - SECT 17E

S. 17E(1) amended by Nos 76/1998 s. 6(g)(i)(ii), 19/2018 s. 95.

    (1)     Notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land concerned the land manager may, subject to and in accordance with the approval in writing of the Minister make available for use as a car park (at times and on conditions so approved by the Minister) by persons who do not use the land for the purposes for which it is reserved, any part of the land which is set aside for use as or used as a car park by persons who use the land for the purposes for which it is reserved.

    (2)     The Minister shall not grant any approval under subsection (1) unless—

        (a)     the application includes a sketch plan of the relevant portion of the reserved land with the car park in relation to which the application is made clearly marked; and

        (b)     the Minister is satisfied that—

              (i)     there is a community need for the area to be used as a car park by persons other than those who use the land for the purpose for which it is reserved;

              (ii)     the use of the car park by persons who do not use the land for the purposes for which it is reserved at the times and on the conditions for which approval is sought will not interfere with the use of the car park by persons who use the land for the purpose for which it is reserved; and

              (iii)     the council of any municipality in which the land is situated has been consulted concerning the use of the car park.

    (3)     The Minister may amend or revoke an approval given for the purposes of subsection (1).

    (4)     Subsection (1) shall not apply to land which has been placed under the control and management of an authority pursuant to section 18(1).

S. 17F inserted by No. 96/1994 s. 47.