sec.443Land in a GHG authority’s area for which notice of intention to resume given before the commencement

sec.443 Land in a GHG authority’s area for which notice of intention to resume given before the commencement

This section applies if— before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a GHG authority’s area; and at the commencement, the land had not been taken under the resumption law. If the land is taken other than by taking or otherwise creating an easement, sections 369A to 369D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a GHG interest on the taking even if the notice of intention to resume does not comply with section 369A(8). If the land is taken by taking or otherwise creating an easement, section 369D applies in relation to the taking. s 443 ins 2012 No. 20 s 43 (sec.443-ssec.1) This section applies if— before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a GHG authority’s area; and at the commencement, the land had not been taken under the resumption law. (sec.443-ssec.2) If the land is taken other than by taking or otherwise creating an easement, sections 369A to 369D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a GHG interest on the taking even if the notice of intention to resume does not comply with section 369A(8). (sec.443-ssec.3) If the land is taken by taking or otherwise creating an easement, section 369D applies in relation to the taking.

• (a) before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a GHG authority’s area; and
• (b) at the commencement, the land had not been taken under the resumption law.