New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 153D
Leases, licences and easements for broadcasting or telecommunications facilities
153D Leases, licences and easements for broadcasting or telecommunications
facilities
(1) For the purpose of the erection, use or maintenance of broadcasting or
telecommunications facilities, the Minister may grant leases of, or licences
to occupy or use, or easements or rights of way through, on or in, any land
reserved under this Act.
(2) A lease, licence, easement or right of way under
this section may be granted subject to such terms and conditions as the
Minister may determine.
(3) The Minister may from time to time revoke or vary
any grant under this section of an easement or right of way.
(4) The Minister
must not grant a lease, licence, easement or right of way under this section
unless the Minister is satisfied that-- (a) there is no feasible alternative
site for the proposed broadcasting or telecommunications facility concerned on
land that is not reserved under this Act, and
(b) the site of any proposed
above ground broadcasting or telecommunications facility covers the minimum
area possible, and
(c) the proposed
broadcasting or telecommunications facility is to be designed and constructed
in such a manner as to minimise risk of damage to the facility from bushfires,
and
(d) the site and construction of the proposed
broadcasting or telecommunications facility have been selected, as far as is
practicable, to minimise the visual impact of the facility, and
(e) if
feasible, an existing means of access to the proposed site of the lease,
licence, easement or right of way is to be used, and
(f) the proposed
broadcasting or telecommunications facility is essential for the provision of
broadcasting or telecommunications services for land reserved under this Act
or for surrounding areas to be served by the facility, and
(g) the
broadcasting or telecommunications facility is to be removed and the site of
the facility is to be restored as soon as possible after the facility becomes
redundant (for example, due to advances in technology), and
(h) the site of
the proposed broadcasting or telecommunications facility has been selected
after taking into account the objectives set out in any plan of management
relating to the land concerned, and
(i) the proposed
broadcasting or telecommunications facility is, if feasible, to be co-located
with an existing structure or located at a site that is already disturbed by
an existing lease, licence, easement or right of way on the land concerned.
(5) The Minister must not grant a lease, licence, easement or right of way
under this section in respect of land that is within an area designated as a
remote natural area in a plan of management or an Aboriginal area.
(6) In
this section--
"broadcasting or telecommunications facility" means-- (a) a facility used for
the purpose of providing broadcasting services within the meaning of the
Broadcasting Services Act 1992 of the Commonwealth, or
(b) a facility within
the meaning of the Telecommunications Act 1997 of the Commonwealth.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback