Local Government (Highways) Act 1982

Where the corporation has acquired highway rights over any land, it may, if the land is not presently required to be opened as a highway, let that land to the owner of any adjoining land.

Where any land in a city or town forming the site of a highway is not immediately required for use as a highway – the Minister for Crown Lands may, if that land is Crown land, do either or both of the following things:grant leases of that land under the Crown Lands Act 1976; issue licences under that Act authorizing the use of that land for the purposes respectively specified in those licences; or the corporation may, if that land is not Crown land, take possession of that land and do either or both of the following things:grant leases of that land; issue licences authorizing the use of that land for the purposes respectively specified in those licences.

Before granting a lease or issuing a licence as provided in subsection (2)(a), the Minister for Crown Lands shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating his intention to grant the lease or to issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by that Minister.

Before granting a lease or issuing a licence under subsection (2)(b), the corporation shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating its intention to grant the lease or issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by the corporation.

A lease under subsection (2)(b) shall – be for such term, not exceeding 10 years, as the corporation thinks fit; and reserve the best rent which can be reasonably obtained for the land.

A licence under subsection (2)(b) shall be – for such term, not exceeding 10 years, as the corporation thinks fit; and issued for such fee as the corporation thinks fit.

During the currency of a lease granted, or of a licence issued, as provided in subsection (2)(a) or (b), the public rights of passage over the land to which the lease or licence relates are suspended.