117Effect of extinguishment of utility easements

117 Effect of extinguishment of utility easements

(1) This section applies if an easement of a utility, or a right in the nature of an easement of a utility, is extinguished by or as a result of any action taken under section 112 or Division 4, 6 or 8.

(2) The extinguishment of the easement or right does not remove—

(a) a utility's ownership of any utility infrastructure; or

(b) any right (other than an interest in real property) arising under any existing agreement between utilities in relation to utility infrastructure; or

(c) any right (other than an interest in real property) conferred by an enactment on a utility in relation to utility infrastructure.

(3) The extinguishment of the easement or right does not place a utility in breach of, or constitute a default or potential default under, any obligation, undertaking, warranty or covenant in any agreement, arrangement or understanding between the utility and a third party, including any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land.