Minister may grant business licences under Crown Lands Act 1976 in relation to corridor
23 Minister may grant business licences under Crown Lands Act 1976 in relation to corridor
The Minister may grant a business licence under Part VA of the Crown Lands Act 1976 in relation to any land within a corridor as if he or she were the Minister responsible for that Act and, if he or she grants such a licence, that Act applies in relation to the licence as if the Minister were the Minister responsible for that Act.
A business licence in relation to any land within a corridor may only be granted or renewed under the Crown Lands Act 1976 in accordance with this section if the Minister is of the opinion that – where there is a reserve management plan in relation to the corridor, the management, protection, use or development of the land in accordance with the business licence will be consistent with that plan; and the grant or renewal of the business licence will not prevent the attainment of the corridor safety and use objectives.
The Minister must consult with the corridor manager before, in accordance with this section, granting or renewing, under the Crown Lands Act 1976, a business licence in relation to a corridor.
In addition to the grounds on which the Minister may cancel under the Crown Lands Act 1976 a business licence granted under the Crown Lands Act 1976 in accordance with this section, the Minister may, under section 45I of that Act, cancel the licence if – the Minister is of the opinion that – the corridor to which the licence relates is required for the use of the land for a reserved purpose; or the continuance of the licence may prevent or hinder the attainment of the corridor safety and use objectives; or a corridor manager has been appointed in relation to the corridor in which is situated the land to which the licence relates; or the holder of the licence has prevented or hindered the attainment of the corridor safety and use objectives; or the holder of the licence is using the land for any purpose other than the purpose for which the licence was granted.
Section 48B of the Crown Lands Act 1976 does not apply in relation to a business licence that is granted under that Act in accordance with this section.
Any money paid in respect of a business licence granted or renewed under the Crown Lands Act 1976 in accordance with this section in relation to a corridor is to be used by the Minister for – the maintenance of the corridor; and the costs of the administration of the business licence; and any taxes, rates or other outgoings associated with the corridor.
The Minister may grant or renew a business licence in relation to a corridor in accordance with this section whether or not – there is a corridor manager in relation to the corridor; or a business permission has been issued in relation to the corridor.
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