141Effect of revocation of reservation

141 Effect of revocation of reservation

(1) This section applies to the following—

(a) land referred to in an Order under section 139, on the publication of that Order in the Government Gazette;

(b) land shown on a plan to which an Order under section 140 applies, on the publication of that Order in the Government Gazette.

S. 141(2) amended by No. 43/2021 s. 168(1).

(2) The land is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

(3) Unless the relevant Order under section 139 or 140 expressly excludes the operation of this subsection, 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.

(4) Unless the relevant Order under section 139 or 140 expressly excludes the operation of this subsection, 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.

(5) The appointment of any committee of management is revoked in so far as it applies to the land.

(6) Any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land.

S. 141(7) substituted by No. 43/2021 s. 168(2).

(7) The land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the approved project, unless—

(a) before the reservation was revoked, the land was reserved for the purposes of the approved project; or

(b) the relevant Order under section 139 or 140 is contained in the same instrument as a grant of the land under section 142B.

S. 141(8) amended by No. 43/2021 s. 168(3).

(8) 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. 142 amended by No. 43/2021 s. 169.