200Certain interests not affected by surrender and grant of land

200 Certain interests not affected by surrender and grant of land

(1) Section 198 does not affect the status or continuity of any easement or restrictive covenant granted or given under or pursuant to an agreement referred to in Part 3 of Schedule 3B and existing immediately before the commencement of section 18 of the Electricity Industry (Further Amendment) Act 1995 and for that purpose the easement or restrictive covenant is deemed to have been granted or given by the Minister administering the Land Act 1958.

(2) The issue of a Crown grant of any land affected by any easement or restrictive covenant granted or given under an agreement referred to in Part 3 of Schedule 3B and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of that easement or restrictive covenant and for that purpose the easement or restrictive covenant is deemed to have been granted or given by the Crown grantee of the land.

(3) A caveat in the same terms and to the same effect as a caveat referred to in Part 3 of Schedule 3B in respect of land is deemed to have been relodged under the Transfer of Land Act 1958 immediately after a Crown grant of that land is issued under this Part.

(4) On being notified of the issue of a Crown grant of land over which a caveat is deemed under subsection (3) to be relodged, the Registrar of Titles must make any recordings in the Register under the Transfer of Land Act 1958 that are necessary to give particulars of that caveat in respect of that land.

(5) This section has effect despite anything to the contrary in the Transfer of Land Act 1958 or any other Act or law or in a Crown grant of the land.

(6) Nothing in this section makes the Crown a party to any agreement referred to in Part 3 of Schedule 3B or affects the status or operation of that agreement.

(7) Nothing effected by this section or done under this section—

(a) is to be regarded as placing the Crown or another person in breach of contract or confidence or as otherwise making either of them guilty of a civil wrong;

(b) is to be regarded as placing either of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or