187Certain residual lands to be surrendered to the Crown

187 Certain residual lands to be surrendered to the Crown

(1) By force of this section—

(a) the lands remaining in folios of the Register Volume 6650 folio 968, Volume 7241 folio 102 and Volume 7128 folio 520—

(i) are deemed to be surrendered to the Crown; and

(ii) are deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(iii) cease to be roads and parts of roads and, in addition to the provisions of subparagraph (ii), all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease; and

(b) folios of the Register Volume 6650 folio 968, Volume 7241 folio 102 and Volume 7128 folio 520 are revoked.

(2) Yallourn Energy Limited A.C.N. 065 325 224 is liable to pay compensation for any loss or damage suffered as a result of the surrender of land to the Crown under subsection (1) to any person who immediately before the commencement of section 37 of the Electricity Industry (Amendment) Act 1995 was the registered proprietor of the land.

(3) The amount of compensation payable to a person under subsection (2) shall be—

(a) the amount agreed between Yallourn Energy Limited A.C.N. 065 325 224 and the person; or

(b) if agreement is not reached, the amount determined as if the amount of compensation payable were a disputed claim under Part 10 of the Land Acquisition and Compensation Act 1986.

Division 2—Revocation of reservations and closure of roads

S. 188