NATIONAL PARKS ACT 1975 - SECT 30AA Lease or licence to a generation company—Alpine National Park

NATIONAL PARKS ACT 1975 - SECT 30AA

S. 30AA(1) amended by No. 48/1996 s. 33(1).

    (1)     The Minister may grant or renew a lease or licence to a generation company of any area of land in the park described in Part 37 of Schedule Two which is used for the purposes of the generation of electricity for supply or sale.

    (2)     A lease or licence under subsection (1)—

        (a)     must be granted in writing; and

S. 30AA(2)(b) amended by No. 48/1996 s. 33(1).

        (b)     is subject to any terms and conditions determined by the Minister.

S. 30AA(3) inserted by No. 48/1996 s. 33(2).

    (3)     A lease under subsection (1) may be granted—

        (a)     without being limited to a particular stratum of land; or

        (b)     for a stratum of land.

S. 30AA(4) inserted by No. 48/1996 s. 33(2).

    (4)     The Minister must not grant a lease under subsection (1) for a stratum of land unless he or she is satisfied that—

        (a)     each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

        (b)     the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

        (c)     provision has been made (in the lessee or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

        (d)     provision has been made (in the lease or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land.

S. 30AA(5) inserted by No. 48/1996 s. 33(2).

    (5)     The granting under subsection (1) of a lease of a stratum of land is conclusive proof of compliance with subsection (4) in respect of the lease.

S. 30AA(6) inserted by No. 55/1997

s. 30(1), amended by No. 69/2000 s. 61(4).

    (6)     In this section, "generation company" has the same meaning as in the Electricity Industry Act 2000 .

S. 30AB inserted by No. 79/1995 s. 33.