New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 152A

152A Crown roads generally not to be dealt with under Crown Land Management Act 2016

(1) A Crown road may not be dealt with under the Crown Land Management Act 2016 while it is a Crown road, except as provided by this section or the regulations.

Note : The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016 --see section 7 (2).

(2) However, the roads authority may, in accordance with the Crown Land Management Act 2016 --

(a) deal with a Crown road under section 5.43 (Cultivation of enclosed Crown roads) of that Act, and

(b) grant an easement, licence, permit or consent with respect to a Crown road.

(3) An easement, licence, permit or consent may not be granted under subsection (2) with respect to a Crown road if it is inconsistent with the rights of passage and access that exist with respect to the road.

(4) To avoid doubt, the granting of an easement, licence, permit or consent under this section is not inconsistent with a right of passage or access that exists with respect to a road if--

(a) an alternative right of passage is provided, and

(b) the alternative right of passage is substantially as convenient as the existing right.

(5) Section 13.2 (Exclusion of minerals and qualifications from dealings under Act) of the Crown Land Management Act 2016 is taken to apply in relation to a sale, lease or other disposal of a Crown road under this Act in the same way as it applies to the sale, lease or other disposal of Crown land under the Crown Land Management Act 2016 .