An agricultural licence granted over an unused road under the Land Act 1958 (Vic) does not automatically extinguish or suspend public rights of passage; whether public access is excluded depends on the terms of the particular licence and the circumstances of the case. A licence for grazing on a small strip of land is not necessarily incompatible with public passage. A licence condition requiring maintenance of fences does not authorise the licensee to maintain fencing that obstructs lawful public passage, and such obstruction may be abated as a nuisance.
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