Transport Infrastructure Act 1994

The chief executive may, for the State, grant to a person a licence in relation to busway land or busway transport infrastructure for any of the following purposes—

construction, maintenance or operation of any thing on the land;

the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose;

maintenance, management or operation of the land or infrastructure.

A licence under subsection (1) is subject to any conditions that the chief executive considers appropriate and that are stated in the licence.

If the chief executive gives the registrar of titles written notice of a licence granted under subsection (1), the registrar must record the licence against the land in the appropriate register.

If a licence recorded under subsection (3) is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register.

No fee is payable for recording a licence under subsection (3).

A licence under subsection (1) may be mortgaged, sublicensed or transferred with the consent of the chief executive.

Despite the Land Act 1994, chapter 4, part 4, the chief executive of the department in which that Act is administered can not issue a permit to occupy—

busway land to which a licence under subsection (1) relates; or

land on which busway transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated.

Subsection (7) applies if there is any inconsistency between—

a local government’s control of a road under the Local Government Act 2009, section 60, other than for a matter mentioned in section 305 or 307 of this Act; and

a provision of a licence under subsection (1).

To the extent of the inconsistency the provision of the licence prevails.

To remove any doubt, it is declared that the Land Act 1994 does not apply to the grant of a licence under this section.

In this section—

on which busway transport infrastructure is, or is proposed to be, situated; or

required for the construction of busway transport infrastructure works.

held by a person other than the State; and

that is the subject of an agreement—

in relation to busway transport infrastructure between the person and the State; and

providing for the granting of a licence under this section.