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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 17 September 2019 at 22:52)
Part 12
Part 12 Leases, licences, easements etc
Division 1 Preliminary
150A   Definitions
In this Part:
existing building or structure means:
(a)  in relation to land reserved under this Act before the commencement of this section, a building or structure in existence on the land at that commencement, or
(b)  in relation to land that becomes reserved under this Act on or after the commencement of this section, a building or structure in existence on the land at the time of that reservation.
reserve means a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area (and includes any such land reserved under Part 4A).
Division 2 Granting of leases and licences
151   Leases and licences of reserved lands
(1)  The Minister may grant a lease or licence of land within a reserve (including any buildings or structures on the land).
(2)  A lease or licence granted under this section may authorise any one or more of the following:
(a)  the exclusive use of the land, buildings and structures concerned,
(b)  the erection of a new building or structure on the land concerned,
(c)  the modification of an existing building or structure on the land concerned.
(3)  Without limiting section 2A, in determining whether to grant a lease or licence of land under this section, the Minister is to give effect to the objects of this Act.
Note.
 Section 2A (1) (d) provides that it is an object of this Act that the management of reserved land be in accordance with the applicable management principles.
Section 81A makes it clear that Part 5 (Plans of management) has effect in any part of a reserve that is the subject of a lease or licence under this Part. Section 151C also provides that it is a condition of every lease or licence of land granted under this section that the lessee or licensee must ensure that the provisions of this Act, the regulations and the relevant plan of management are complied with.
151A   Purposes for which a lease or licence may be granted
(1)  A lease or licence of land (other than a nature reserve) may only be granted under section 151 for one or more of the following purposes:
(a)  General purposes
(i)  the provision of buildings for use in connection with any of the following:
(A)  the protection or preservation of land from fire,
(B)  the provision of services relating to the work of rendering first aid to, and the transport of, sick and injured persons,
(C)  a surf life-saving club,
(D)  any purpose of a similar nature,
(ii)  the provision of research facilities or activities for natural heritage (including natural phenomena) and cultural heritage,
(iii)  to enable activities of a recreational, educational or cultural nature to be carried out and the provision of facilities for that purpose,
(iv)  to enable sporting activities to be carried out and the provision of temporary facilities for that purpose,
(v)  to enable activities for natural heritage management, cultural heritage management, park management or fire management to be carried out and the provision of facilities for that purpose,
(vi)  to enable Aboriginal cultural activities to be carried out and the provision of facilities for that purpose,
(vii)  subject to section 151I (Restrictions on grant of lease for residential accommodation), the provision of residential accommodation,
(viii)  any other purpose that is:
(A)  consistent with the relevant management principles for the land set out in Division 2 of Part 4, and
(B)  identified in the relevant plan of management as being a permissible purpose for the land concerned,
(b)  Purposes related to the sustainable visitor or tourist use and enjoyment of reserved land
(i)  the provision of accommodation for visitors and tourists,
(ii)  the provision of the following facilities if the facilities are ancillary to accommodation facilities for visitors or tourists:
(A)  retail outlets,
(B)  facilities to enable the hosting of conferences or functions,
(C)  facilities to enable activities of a sporting nature to be carried out,
(iii)  the provision of facilities and amenities for visitors and tourists, including the following facilities:
(A)  information centres and booking outlets,
(B)  restaurants, cafes, kiosks and other food outlets,
(iv)  the provision of the following facilities if the facilities are ancillary to facilities and amenities for visitors and tourists:
(A)  retail outlets,
(B)  facilities to enable the hosting of conferences or functions,
(c)  Adaptive reuse and use of modified natural areasany purpose that enables the adaptive reuse of an existing building or structure or the use of a modified natural area.
Note.
 See section 5 (1) for the definitions of “adaptive reuse” and “modified natural area”.
(2)  A lease or licence of land within a nature reserve may only be granted under section 151 for a purpose that is consistent with the relevant management principles for nature reserves set out in section 30J.
(3)  In addition to the purposes set out in subsection (1), a lease or licence of land (other than a nature reserve) may be granted under section 151 to enable any activity or development in a ski resort area (within the meaning of Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979) that is permitted by an environmental planning instrument specifically applying to ski resort areas.
(4)  A licence of land under section 151 for the purpose of a conference, function or event must not be granted if the licence authorises the use of the land for a cumulative period that exceeds 3 months in any 12 month period.
(5)  The Minister must not grant a lease of land under section 151 for any purpose referred to in subsection (1) (b) that authorises the erection of a new building or structure on the land unless:
(a)  the purpose for which the lease is to be granted is identified in the relevant plan of management as being a permissible purpose for the land concerned, and
(b)  the general location for any such new building or structure is identified in that plan of management.
151AA   (Repealed)
151B   Matters that Minister must consider before granting lease or licence
(1)  The Minister must not grant a lease or licence of land (including any buildings or structures on the land) under section 151 unless the Minister is satisfied that:
(a)  the purpose for which the lease or licence is granted is compatible with the natural and cultural values of:
(i)  the land to be leased or licensed, and
(ii)  land reserved under this Act in the vicinity of that land, and
(b)  the lease or licence provides for the sustainable and efficient use of natural resources, energy and water, and
(c)  in relation to any lease or licence that authorises the erection of a new building or structure on the land or the modification of an existing building or structure on the land—the authorised development or activity is appropriate in relation to the built form and scale of the building or structure, including its bulk, height, footprint, setbacks and density.
(2)  In determining whether the Minister is satisfied in relation to any of the matters referred to in subsection (1), the Minister is to have regard to:
(a)  the assessment criteria adopted by the Chief Executive under subsection (3), and
(b)  in relation to a proposal to grant a lease of land—a report prepared by the Chief Executive that addresses the relevant matters referred to in subsection (1) in light of those assessment criteria.
(3)  The Chief Executive:
(a)  must adopt assessment criteria relating to the matters referred to in subsection (1), and
(b)  may vary those criteria, but only if:
(i)  the Chief Executive has consulted with the Council, and
(ii)  the Council has advised the Chief Executive that the proposed variation, on balance, improves or maintains the environmental outcomes provided for under the existing criteria.
(4)  The assessment criteria are to be published on the Office’s website.
(5)  This section does not apply to the following:
(a)  a lease or licence of land within a ski resort area within the meaning of Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979,
(b)  a renewal of a lease of land granted in accordance with an option to renew a current lease,
(c)  a renewal of a lease of land (otherwise than in accordance with an option to renew), but only if:
(i)  the renewed lease is on substantially the same terms and conditions as the current lease, and
(ii)  the term of the lease (including any options to renew) does not exceed 10 years, and
(iii)  there have been no significant breaches of the current lease, this Act or the regulations during the term of the current lease.
151C   Leases and licences subject to conditions
(1)  A lease or licence under section 149, 151 or 151H may be granted subject to conditions.
(2)  It is a condition of every lease or licence of land granted under section 151 that the lessee or licensee must ensure that the provisions of this Act, the regulations and the plan of management for the reserve in which the land is situated are complied with in relation to the land.
151D   Special provisions relating to leases and licences of karst conservation reserves
(1)  The Minister is to include in every lease or licence of land within a karst conservation reserve granted under section 151 a condition requiring:
(a)  the lessee or licensee (in relation to the lands leased or licensed) to comply with the relevant environmental performance standards set out in the plan of management for the reserve, and
(b)  the environmental performance of the lessee or licensee (in relation to the lands leased or licensed) to be measured against the relevant environmental performance indicators set out in that plan of management.
(2)  The Chief Executive is (in relation to a lease or licence to which subsection (1) applies):
(a)  to monitor:
(i)  the lessee’s or licensee’s compliance with the relevant environmental performance standards set out in the relevant plan of management, and
(ii)  the lessee’s or licensee’s environmental performance as measured against the relevant environmental performance indicators set out in that plan of management, and
(b)  to report on the results of that monitoring, annually, by:
(i)  recording the results in the register kept under section 151J, and
(ii)  placing the results on the Office’s website.
151E   Special provisions relating to leases and licences of Aboriginal land
(1)  The Minister may only grant a lease or licence under section 151 of land reserved under Part 4A with the concurrence of the relevant board of management for the land concerned.
(2)  The Minister must not grant a lease or licence under section 151 of land reserved under Part 4A contrary to the terms of the lease of the land to the Minister under that Part.
Division 3 Miscellaneous
151F   Public consultation regarding grant of leases and licences
(1)  Before granting a lease or licence under section 151 or 151H, the Minister must cause notice of the proposed lease or licence to be published:
(a)  in a manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public in the area in which the land is located, and also on the Office’s website, if the proposed lease or licence:
(i)  is for a purpose for which the land (including any buildings or structures on the land) has previously not been used or occupied, or
(ii)  authorises the erection of a temporary building or structure on the land concerned, and
(b)  in a manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public both generally and in the area in which the land is located, and also on the Office’s website, if the proposed lease or licence:
(i)  authorises the erection of a new permanent building or structure on the land concerned, or
(ii)  authorises a significant modification of an existing building or structure on the land concerned or any other significant permanent physical change to the land concerned.
(2)  A notice under subsection (1) must contain the following:
(a)  sufficient information to identify the land concerned,
(b)  the purposes for which the land and any building or structure on the land is proposed to be used,
(c)  the term of the proposed lease or licence (taking into account any option to renew),
(d)  the name of the person to whom the lease or licence is proposed to be granted,
(e)  the closing date for making submissions on the proposal, being a date not earlier than:
(i)  in relation to a notice under subsection (1) (a)—14 days after the date on which the notice was first published, or
(ii)  in relation to a notice under subsection (1) (b)—28 days after the date on which the notice was first published,
(f)  the address to which submissions are to be sent,
(g)  any other information that the Minister considers relevant to the consideration of the proposal.
(3)  The Minister, on request, is to provide such further information, as the Minister considers reasonably practicable, describing the proposed lease or licence. The information provided must not include any commercial in confidence information.
Note.
 Further information provided under this subsection could include drawings or diagrams describing the proposed lease or licence.
(4)  The Minister may hold a public hearing into any proposed lease or licence under this Part if the Minister thinks it appropriate to do so.
(5)  Before determining whether or not to grant a lease or licence under section 151 or 151H, the Minister must take into account:
(a)  any submissions received before the notified closing date for submissions under subsection (2) (e), and
(b)  if relevant, any report from, or submissions received at, a public hearing.
(6)  This section does not apply to a proposal to grant a lease or licence of land if:
(a)  the proposed lease or licence authorises the land concerned to be used or occupied for a total period that does not exceed 31 days, or
(b)  the proposed lease or licence relates to land reserved under Part 4A and authorises the land concerned to be used or occupied for any community development purpose prescribed by the regulations under section 72AA (6) (c), or
(c)  within the 2 years prior to the proposed grant of the lease or licence, a public consultation has occurred in relation to development or an activity that is substantially the same as the use of the land that is to be authorised by the proposed lease or licence.
Note.
 For example, a public consultation may have been undertaken under the Environmental Planning and Assessment Act 1979 for approval or consent to the erection and use of a building for a cafe. In that case, public consultation is not necessary under this section in relation to a proposed lease of the building to operate that cafe.
151G   Reference of certain proposed leases and licences for advice
(1)  The Minister:
(a)  must refer a proposal to lease or licence land under section 151 to the Council for advice if the proposed lease or licence:
(i)  authorises the erection of a new permanent building or structure on the land concerned, or
(ii)  authorises a significant modification of an existing building or structure on the land concerned or any other significant permanent physical change to the land concerned, or
(iii)  is for a term that exceeds 10 years (including any option to renew), and
(b)  must refer a proposal to lease land under section 151H to the Council for advice, and
(c)  may refer any other proposal to lease or licence land under this Part to the Council for advice if the Minister thinks it appropriate to do so.
(2)  The Minister may refer a proposal to lease or licence land under this Part to the Aboriginal Cultural Heritage Advisory Committee for advice if the Minister thinks it appropriate to do so.
(3)  The Minister may refer a proposal to lease or licence land within a karst conservation reserve under this Part to the Karst Management Advisory Committee for advice if the Minister thinks it appropriate to do so.
(4)  Before determining whether or not to grant a lease or licence under this Part, the Minister must, if the Minister referred the proposal to the Council, the Aboriginal Cultural Heritage Advisory Committee or the Karst Management Advisory Committee, take into account any advice received from the body concerned within 28 days of the reference.
151H   New head leases for certain lands
(1)  The Minister may grant leases (in this section referred to as head leases) in respect of the lands the subject of any or all of the leases mentioned in Schedule 15, whether or not those lands are still the subject of the leases so mentioned.
(2)  On the granting of a head lease, the following provisions have effect with respect to such of the leases mentioned in Schedule 15 as apply to the land the subject of the head lease:
(a)  the lease is taken to be varied by substituting the name of the head lessee for that of the lessor,
(b)  the lease is taken to become a sublease (in this section referred to as a statutory sublease) of the head lease,
(c)  except as otherwise provided by the regulations—the lease continues to have effect according to its tenor,
(d)  any proceedings under the lease in relation to any matter arising before the head lease was granted are to be commenced or maintained by or against the lessor as if the lease had not been varied as referred to in paragraph (a).
(3)  If a head lease is granted to a person in respect of land the subject of a lease mentioned in Schedule 15 of which the person is the sole lessee, the lease so mentioned is, by virtue of the granting of the head lease, extinguished.
(4)  A head lease is taken to include a condition to the effect that the head lessee must not:
(a)  assign or mortgage the head lessee’s interest in the lease to any other person, or
(b)  exercise any right of forfeiture or termination in respect of any statutory sublease of the lease, or
(c)  vary any rent payable under any statutory sublease of the lease,
except with the prior consent in writing of the Minister, and that any purported assignment, mortgage, forfeiture, termination or variation of rent that does not have such consent is void.
(5)  A head lease is not affected merely because a lease mentioned in Schedule 15 ceases to have effect (whether by reason of expiry, surrender, termination, forfeiture or otherwise) while the head lease is in force.
(6)  If a head lease ceases to have effect (whether by reason of expiry, surrender, termination, forfeiture or otherwise) the following provisions have effect with respect to any statutory sublease of the head lease:
(a)  the sublease is taken to be varied by substituting the title of the Minister for the name of the head lessee,
(b)  the sublease is taken to cease to be a statutory sublease and to become a lease granted under section 151,
(c)  the lease continues to have effect according to its tenor,
(d)  any proceedings under the sublease in relation to any matter arising before the head lease ceased to have effect are to be commenced or maintained against the head lessee as if the lease had not been varied as referred to in paragraph (a).
(7)  No duty is payable under the Stamp Duties Act 1920 in respect of a variation referred to in subsection (2) (a) or (6) (a).
(8)  The operation of this section is not to be regarded:
(a)  as a breach of contract or confidence or otherwise as a civil wrong, or
(b)  as a breach of a contractual provision prohibiting, restricting or regulating the assignment or transfer of a lease or statutory sublease, or
(c)  as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a variation referred to in subsection (2) (a) or (6) (a).
(9)  No attornment to a head lessee by a statutory sublessee is required.
(10)  The regulations may amend Schedule 15:
(a)  by omitting the matter relating to any lease mentioned in that Schedule, or
(b)  by varying the matter relating to any lease mentioned in that Schedule, or
(c)  by inserting matter relating to any other lease (not being a head lease) in relation to land in, or in the vicinity of, Perisher Valley, Smiggin Holes or Guthega.
(11)  A head lease granted in respect of land the subject of a lease mentioned in Schedule 15 is not affected merely because the matter relating to the lease so mentioned is omitted from that Schedule, or is varied, while the head lease is in force.
151I   Restrictions on grant of lease for residential accommodation
(1)  The Minister must not grant a lease under section 151 or 151H for the purpose of permanent residential occupation unless the lease:
(a)  provides accommodation to an officer of the Service in the vicinity of the officer’s place of employment, or
(b)  facilitates:
(i)  the maintenance and security of the reserve, and buildings and facilities on or in the reserve, or facilities passing through the reserve such as a road, transmission lines and pipelines, or
(ii)  the provision of services to tourists and visitors to the reserve,
(iii)  the provision of educational and research facilities in the reserve, or
(c)  is for the occupation of buildings in an historic site or land reserved under Part 4A, or
(d)  is of a class prescribed for the purposes of this section.
(2)  A regulation must not be made for the purposes of subsection (1) (d) (not being a principal statutory rule within the meaning of the Subordinate Legislation Act 1989) unless the Minister has:
(a)  caused notice of the draft regulation to be published in a manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public, and
(b)  invited the public and the Council to comment on the draft regulation with the closing date for the making of submissions being not earlier than 45 days after the date of publication of the notice, and
(c)  taken into account any submissions from the Council or the public received before the notified closing date for submissions.
(3)  The validity of a regulation made for the purposes of subsection (1) (d) is not affected by a failure of the Minister to comply with subsection (2) (c).
151J   Register of certain interests to be publicly available
(1)  Information on leases granted under this Act, licences granted under section 153D and every easement or right of way granted under this Act:
(a)  is to be recorded in a register that is to be kept in the head office of the Service and made available to the public, free of charge, during ordinary office hours, and
(b)  is to be placed on the Service’s website.
(2)  Information to be included on the register and website is to include the following:
(a)  the name of the person to whom the lease, licence, easement or right of way has been granted,
(b)  the term of years of the lease, licence, easement or right of way (including any option to renew),
(c)  the location of the land to which the lease, licence, easement or right of way relates,
(d)  the purpose for which the lease, licence, easement or right of way has been granted,
(e)  information as to the terms and conditions of the lease, licence, easement or right of way, except information that the Chief Executive would be prevented from disclosing under the Government Information (Public Access) Act 2009 or the Privacy and Personal Information Protection Act 1998.
152   Trade within certain reserved lands
(1)  The Chief Executive may grant licences to carry on trades, businesses or occupations within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area.
(2)  Subject to any regulations, the Minister may prohibit the carrying on of any trade, business or occupation within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area otherwise than by some person licensed by the Chief Executive.
(3)  The Minister may grant a franchise to any person, on such terms and conditions as the Minister may determine, for the sale of goods and services, the provision of public transportation or the supply of other facilities and amenities within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area.
(4)  Any franchise granted by the trustees of the whole or part of lands reserved after the commencement day as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, and in force immediately before the lands were so reserved, shall be deemed to be a franchise granted by the Minister under this section and to be as valid and effectual as it would have been if this Act had been in force when the franchise was granted.
153   Easements
(1)  The Minister may upon such terms and conditions as the Minister thinks fit grant for joint or several use easements or rights of way through, upon or in a national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve for the purpose of providing access to any area included in any lease or licence within the park, site, area or reserve, or for the construction of pipelines, or for the erection of standards, posts, wires and appliances for the conveyance or transmission of electricity, or for any other purpose deemed necessary.
(2)  The Minister may from time to time revoke or vary any grant under this section.
(3)  Any easement or right of way over lands in a national park, historic site, state conservation area or regional park reserved under this Act, which was in force immediately before the lands were reserved as, or as part of, the park, site or area, as the case may be, shall continue in force and shall be deemed to have been granted under this section.
(4)  Any easement or right of way over lands in a nature reserve or karst conservation reserve dedicated under this Act, which was in force immediately before the land was dedicated as, or as part of, the nature reserve or karst conservation reserve shall continue in force and shall be deemed to have been granted under this section.
153A   Leases etc relating to wilderness areas
The Minister shall not:
(a)  grant a lease or licence under section 151, or
(b)    (Repealed)
(c)  grant a lease, licence, easement or right of way under section 153D,
in respect of land that is within a wilderness area.
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.
153C   Easements, rights of way and licences for landlocked areas
(1)  The Minister may, on such terms and conditions as the Minister thinks fit, grant an easement, right of way or licence through or over land reserved under this Act for the purposes of enabling access to other land if:
(a)  the other land is completely or partially surrounded by land reserved under this Act, and
(b)  the Minister:
(i)  is satisfied that is not practical for the owner (or any occupier) of the other land to obtain an alternative means of access (whether by land or water) because it is not legally or physically available, or
(ii)  while satisfied that it is practical for the owner (or any occupier) of the other land to obtain an alternative means of access, considers that the proposed means of access will have a lesser environmental impact than that alternative means of access to the land concerned, or
(iii)  while satisfied that it is practical for the owner (or any occupier) of the other land to obtain an alternative means of access, considers that the proposed means of access will assist in more efficient management of the reserved land and will have no greater environmental impact than that alternative means of access to the land concerned.
(2)  The Minister must not grant an easement, right of way or licence under subsection (1) unless the Minister is satisfied that:
(a)  the access proposed to be granted under the easement, right of way or licence will not have a significant impact on the environment of the area adjacent to the proposed access, and
(b)  the access proposed to be granted under the easement, right of way or licence is consistent with the relevant plan of management.
(3)  The Minister must not grant an easement, right of way or licence under subsection (1) unless the Minister has considered:
(a)  the extent of, and legality of, any access that the owner (or any occupier) had to the land before that access became unavailable, and
(b)  any guidelines (as referred to in subsection (4)) in relation to access to land.
(4)  The Chief Executive must prepare and adopt, after consulting with the Council, guidelines relating to the provision of access to land under this section, and may, from time to time, vary those guidelines after further consultation with the Council.
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.
153E   Easements to repair and maintain the Border Fence
(1)  For the purpose of the repair and maintenance of the Border Fence, the Minister may grant easements or rights of way in favour of the Wild Dog Destruction Board through, on or in any land reserved under this Act.
(2)  An 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 is required to consult the Minister administering the Crown Land Management Act 2016 before exercising a power conferred by this section.
(5)  This section does not operate to limit a power under any other section of this Part to grant easements or rights of way through, on or in any land reserved under this Act.
(6)  In this section:
Border Fence means the Queensland Border Fence, or the South Australian Border Fence, within the meaning of the Wild Dog Destruction Act 1921.
Wild Dog Destruction Board means the Wild Dog Destruction Board constituted under the Wild Dog Destruction Act 1921.