(5) Despite section 138(2), a licence over a stratum of S. 138A(5) Crown land may be granted even though the land amended by No. 79/1993 is— s. 6(c). (a) shown as a road on a map or plan kept in the Department of Property and Services; or (b) proclaimed as a road or public highway under an Act; or S. 138A(5)(c) (c) reserved as a road under the (Reserves) Act amended by 1978; or No. 79/1993 s. 6(b). (d) a freeway or an arterial road within the S. 138A(5)(d) inserted by meaning of the Road Management No. 79/1993 s. 6(b), Act 2004— amended by No. 12/2004 s. 161(2). if the person granting the licence is satisfied that the exercise of the licensee's rights under the licence would not interfere with the use of the road by the public and the stratum covered by the licence does not include the level at which the road is constructed. (6) Section 140 does not apply to a licence for a stratum of Crown land. (7) A licence for a stratum of Crown land— (a) is subject to any conditions determined by the person granting the licence, specified in the licence and relating to— (i) access to and use of the stratum; or (ii) support of any building or structure to be erected on the stratum; or (iii) the making and removal of improvements by the licensee; or
S. 138A(5) amended by No. 79/1993 s. 6(c). (5) Despite section 138(2), a licence over a stratum of Crown land may be granted even though the land is— (a) shown as a road on a map or plan kept in the Department of Property and Services; or (b) proclaimed as a road or public highway under an Act; or S. 138A(5)(c) amended by No. 79/1993 s. 6(b). (c) reserved as a road under the (Reserves) Act 1978; or S. 138A(5)(d) inserted by No. 79/1993 s. 6(b), amended by No. 12/2004 s. 161(2). (d) a freeway or an arterial road within the meaning of the Road Management Act 2004— if the person granting the licence is satisfied that the exercise of the licensee's rights under the licence would not interfere with the use of the road by the public and the stratum covered by the licence does not include the level at which the road is constructed. (6) Section 140 does not apply to a licence for a stratum of Crown land. (7) A licence for a stratum of Crown land— (a) is subject to any conditions determined by the person granting the licence, specified in the licence and relating to— (i) access to and use of the stratum; or (ii) support of any building or structure to be erected on the stratum; or (iii) the making and removal of improvements by the licensee; or
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