New South Wales Consolidated Acts

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Cultivation of enclosed Crown roads

5.43 Cultivation of enclosed Crown roads

(1) The Minister may vary an enclosure permit for a Crown road to permit its holder to cultivate the land enclosed (a
"cultivation permission" ) for a specified period and subject to any conditions that the Minister thinks appropriate.
(2) In doing so, the Minister must be satisfied that--
(a) public access to the enclosed Crown road is not justified during a particular period, and
(b) the suspension of public access to the road would facilitate the cultivation of adjoining land by the holder of the enclosure permit.
(3) The Minister cannot grant a cultivation permission unless--
(a) notice of at least 21 days is given in a local newspaper inviting objections to the proposal, and
(b) the Minister has considered any duly made objections.
(4) Without limiting subsection (1), the conditions to which a cultivation permission may be subject include a condition requiring the holder of the enclosure permit to provide alternative public access through adjacent land of the holder to the satisfaction of the Minister and for the permission's duration.
(5) The rights of the public or any person to use alternative access to an enclosed Crown road provided under subsection (4) are the same as those applicable to the road.
(6) A cultivation permission operates to suspend any rights of the public or any person to use the enclosed Crown road as a road for its duration.
(7) The Minister may, by written notice given to the holder of the enclosure permit, vary the permit to revoke a cultivation permission if--
(a) the Minister is satisfied that the conditions of the permission have been contravened, or
(b) the Minister has given the holder written notice of at least 6 months (or any shorter period prescribed by the regulations) of the Minister's intention to revoke it.
(8) The Secretary may, when a cultivation permission is granted or at any time while it is in force, redetermine the rent for the enclosure permit.
(9) A cultivation permission does not authorise the carrying out of any activity prohibited under another Act.

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