New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.36

5.36 Unauthorised enclosure of Crown roads or watercourses

(1) A holder of land is liable to pay an annual rent determined by the Minister for a Crown road or Crown watercourse that crosses or bounds the land if--

(a) the road or watercourse is enclosed as if it were part of the land held, and

(b) the enclosure was done (whether before or after the commencement of this section) without the Minister's permission.

(2) If the Crown road or Crown watercourse is additional to any road or watercourse covered by an enclosure permit over the same land, the Minister may determine the annual rent payable for the additional road or watercourse.

(3) The Minister must give the holder of the land written notice of any determination of rent under this section.

(4) A determination of rent under this section in respect of a Crown road or Crown watercourse has effect as an enclosure permit granted to the holder of the land. Accordingly, Part 6 applies to the determination, redetermination and adjustment of that rent in the same way as it applies to an enclosure permit granted by the Minister.

(5) The Minister may impose conditions in respect of a Crown road or Crown watercourse enclosed as referred to in this section in the same way as the Minister may impose conditions in respect of a Crown road or Crown watercourse enclosed on the application of a holder.

(6) This section does not affect the Minister's power to take action under Division 9.3 in respect of any enclosure of a Crown road or Crown watercourse or any structure on a road or watercourse of that kind.