Major Transport Projects Facilitation Act 2009
116AExtinguishment of acquired easements
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116A Extinguishment of acquired easements
(a) an interest in land described in a notice of acquisition is a right in the nature of an easement or purporting to be an easement; and
(b) the interest in land described in the notice of acquisition existed immediately before the publication of the notice of acquisition; and
(c) the notice of acquisition contains an express declaration that the interest in land described in the notice is to be extinguished.
(2) Despite section 24 of the Land Acquisition and Compensation Act 1986—
(a) the interest in land described in the notice of acquisition is extinguished immediately on publication of the notice in the Government Gazette; and
(b) to the extent necessary to give effect to the extinguishment, any interest that a person has in that interest in land is divested or diminished.
S. 117 substituted by No. 43/2021 s. 150.