35   Assessment of land

(1)  The powers of the Minister under this Part may not be exercised in respect of Crown land unless the Minister is satisfied that the land has been assessed under Part 3.

(2)  Subsection (1) does not apply if:

(a)  the Minister is satisfied that it is in the public interest to exercise the powers without assessing the land under Part 3 and the Minister, in exercising the powers, has had due regard to the principles of Crown land management, or

(b)  the powers are to be exercised in respect of the grant of:

(i)  an enclosure permit, or

(ii)  a licence which does not authorise the erection of a structure other than fencing or the removal of material.