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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 153B
Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas
153B Granting of interests in respect of reserved or dedicated lands that are
also water catchment special areas
(1) This section applies to lands reserved or dedicated under this Act that
are also within a special area within the meaning of the
Sydney Water Catchment Management Act 1998 or the Hunter Water Act 1991 .
(2) The Minister may grant leases of, or licences to occupy or use, or
easements or rights of way through, on or in, lands to which this section
applies for the purpose of enabling the Sydney Catchment Authority, the Sydney
Water Corporation or the Hunter Water Corporation to exercise its functions in
relation to water or wastewater infrastructure on the lands concerned.
(3)
Subsection (2) does not authorise the granting of a lease, licence, easement
or right of way for the purpose of enabling any of the following functions to
be exercised in relation to the land concerned-- (a) the impoundment of water
on the land,
(b) the permanent inundation of the land,
(c) the construction
of flood mitigation structures on the land.
(4) For the purposes of
subsection (3) (b),
"permanent inundation" includes any flooding additional to the temporary
flooding that already occurs due to natural rainfall.
(5) The Minister must
not grant a lease, licence, easement or right of way under subsection (2)
unless a plan of management for the lands concerned identifies-- (a) the
person to whom, and
(b) the lands in respect of which, and
(c) the purpose
and term for which,
the lease, licence, easement or right of way is to be
granted.
(6) Subsection (5) does not limit the operation of Part 5.
(7) A
lease, licence, easement or right of way under subsection (2) may be granted
subject to such terms and conditions as the Minister may determine.
(8) The
Minister may from time to time revoke or vary any grant under subsection (2)
of an easement or right of way.
(9) Subsection (2) does not authorise the
granting of a lease or licence in relation to land that is within a
wilderness area.
(10) The Minister must cause a register to be kept of each
lease, licence, easement or right of way that is granted under subsection (2).
(11) The register must be kept available for inspection by the public free of
charge, during ordinary office hours, at the Head Office of the Service.
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