136Effect of surrender or divesting to, or acquisition by, the Crown

136 Effect of surrender or divesting to, or acquisition by, the Crown

(1) This section applies to land on—

(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of the land that a public authority or Council is required to surrender under section 134(1)(a); or

S. 136(1)(b) amended by No. 43/2021 s. 161(2)(a).

(b) the publication in the Government Gazette of an Order under section 134(1)(b) in respect of the land if the Order does not specify that the land is to vest in the project authority; or

S. 136(1)(ba) inserted by No. 43/2021 s. 161(2)(b).

(ba) the publication in the Government Gazette of an Order under section 134(1)(c) if the Order does not specify that the interest in the land is to be acquired by the project authority; or

S. 136(1)(c) amended by No. 43/2021 s. 161(2)(c).

(c) the publication in the Government Gazette of an Order under section 135 in respect of the land.

S. 136(1)(d) repealed by No. 43/2021 s. 161(2)(d).

S. 136(2) substituted by No. 43/2021 s. 161(3).

(2) On the conveyance or publication of the Order—

(a) the land is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) except in the case of an Order under section 134(1)(c), the land is taken to be unalienated land of the Crown; and

(c) in the case of an Order under section 134(1)(c), the interest specified in the Order vests in the Crown; and

(d) any interest that a person has in the land is divested or diminished to the extent necessary to give effect to this subsection.

S. 136(3) amended by No. 43/2021 s. 161(4).

(3) Unless the relevant Order under section 134 or 135 expressly excludes the operation of this subsection or the relevant Order is an Order under section 134(1)(c), if any part of the land is or is being used as a road—

(b) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.

S. 136(4) amended by No. 43/2021 s. 161(4).

(4) Unless the relevant Order under section 134 or 135 expressly excludes the operation of this subsection or the relevant Order is an Order under section 134(1)(c), if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.