Greenhouse Gas Storage Act 2009
sec.250General provision about ownership while tenure is in force for pipeline
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sec.250 General provision about ownership while tenure is in force for pipeline
This section applies while the land on which the pipeline is constructed is, and continues to be, in the GHG tenure’s area. The pipeline is taken to be the personal property of the holder of the GHG tenure. The pipeline remains the holder’s personal property despite— it having become part of the land; or the sale or other disposal of the land. The pipeline can not be— levied or seized in execution; or sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land. Subsections (2) to (4) apply despite— an Act or law of a State; or a contract, covenant or claim of right under a law of a State. (sec.250-ssec.1) This section applies while the land on which the pipeline is constructed is, and continues to be, in the GHG tenure’s area. (sec.250-ssec.2) The pipeline is taken to be the personal property of the holder of the GHG tenure. (sec.250-ssec.3) The pipeline remains the holder’s personal property despite— it having become part of the land; or the sale or other disposal of the land. (sec.250-ssec.4) The pipeline can not be— levied or seized in execution; or sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land. (sec.250-ssec.5) Subsections (2) to (4) apply despite— an Act or law of a State; or a contract, covenant or claim of right under a law of a State.
- (a) it having become part of the land; or
- (b) the sale or other disposal of the land.
- (a) levied or seized in execution; or
- (b) sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.
- (a) an Act or law of a State; or
- (b) a contract, covenant or claim of right under a law of a State.