sec.12Declaration about easement resumed under s 5 (3) (b)

### sec.12 Declaration about easement resumed under s 5 (3) (b) This section applies to the easement mentioned in schedule 1 . Whether the easement is taken under section 5 or in another way, the easement is taken to be a public utility easement under the Land Act 1994 . Also, if the easement is taken under section 5 , the easement is taken to have been acquired by the chief executive for the State under the Transport Planning and Coordination Act 1994 for miscellaneous transport infrastructure purposes. For ensuring the construction, operation and maintenance of miscellaneous transport infrastructure in the easement— a licence under the Transport Infrastructure Act 1994 in relation to the infrastructure has the effect of a contract under seal between the licensee and any person having an interest in land affected by the easement; and the licensee may enforce rights granted under the licence against the person. (sec.12-ssec.1) This section applies to the easement mentioned in schedule 1 . (sec.12-ssec.2) Whether the easement is taken under section 5 or in another way, the easement is taken to be a public utility easement under the Land Act 1994 . (sec.12-ssec.3) Also, if the easement is taken under section 5 , the easement is taken to have been acquired by the chief executive for the State under the Transport Planning and Coordination Act 1994 for miscellaneous transport infrastructure purposes. (sec.12-ssec.4) For ensuring the construction, operation and maintenance of miscellaneous transport infrastructure in the easement— a licence under the Transport Infrastructure Act 1994 in relation to the infrastructure has the effect of a contract under seal between the licensee and any person having an interest in land affected by the easement; and the licensee may enforce rights granted under the licence against the person. - (a) a licence under the Transport Infrastructure Act 1994 in relation to the infrastructure has the effect of a contract under seal between the licensee and any person having an interest in land affected by the easement; and - (b) the licensee may enforce rights granted under the licence against the person.