Victorian Consolidated Legislation

Melbourne City Link Act 1995 - SECT 28

Conditions on licence over stratum of land

28. Conditions on licence over stratum of land



(1) Subject to section 27, in imposing conditions on a licence over a stratum
of land, the Roads Corporation must have regard to the following matters-





   (a)  that reasonable access to and use of the stratum and other land be
        provided for; and

   (b)  that the rights of the registered proprietor, lessee or licensee of
        other land not be interfered with; and

   (c)  that the rights of support of the stratum or of other land or of any
        building or structure erected or to be erected on those lands be
        provided for; and

   (d)  that the making and removal of improvements by the licensee be
        provided for; and

   (e)  that any necessary rights for the passage or provision of services
        (including drainage, sewerage or the supply of water, gas, electricity
        or telecommunications) to or through the stratum, where those rights
        are necessary for the reasonable enjoyment of the stratum or of other
        land, be provided for.

(2) The issuing of a licence under this Division of a stratum of land is
conclusive proof of compliance with subsections (1)(a), (1)(b), (1)(c), (1)(d)
and (1)(e) with respect to the licence.