136AEffect of divesting to or acquisition by project authority

136A Effect of divesting to or acquisition by project authority

(1) This section applies on the publication in the Government Gazette of—

(a) an Order under section 134(1)(b) that specifies that land is to vest in the project authority; or

(b) an Order under section 134(1)(c) that specifies that an interest in land is to be acquired by the project authority.

(2) On the publication of the Order—

(a) the land or interest in land vests in the project authority freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

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

(3) If the Order divests an estate in fee simple in the land—

(a) unless the Order expressly excludes the operation of this paragraph, if any part of the land is or is being used as a road—

(i) that part of the land ceases to be a road; and

(ii) 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; and

(b) unless the Order expressly excludes the operation of this paragraph, 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.

(4) This section has effect despite anything to the contrary in section 175A of the Water Industry Act 1994, section 10 of, or clause 1 of Schedule 5 to, the Road Management Act 2004 or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006).

S. 137 amended by No. 43/2021 s. 163.