162AEffect of declaration of underground land as project land

162A Effect of declaration of underground land as project land

(1) On the publication of an Order under section 162 in the Government Gazette—

(a) if the Order provides that the underground land is to vest in fee simple in the project authority—

(i) the underground land vests in fee simple in the project authority freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(ii) if any of the underground land was Crown land, it vests in the project authority as if there had been a grant of the land to the project authority on behalf of the Crown for an estate in fee simple; and

(iii) any interest that a person has in the underground land is divested or diminished to the extent necessary to give effect to this paragraph; and

(b) if the Order does not provide that the underground land is to vest in fee simple in the project authority—

(i) the underground land vests in the Crown if it is not already Crown land; and

(ii) the underground land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(iii) any interest that a person has in the underground land is divested or diminished to the extent necessary to give effect to this paragraph; and

(c) if the underground land or part of it was permanently or temporarily reserved under the Crown Land (Reserves) Act 1978—

(i) that reservation is revoked; and

(ii) the appointment of any committee of management is revoked in so far as it applies to the underground land or part; and

(iii) any regulations made under section 13 of that Act are revoked in so far as they apply to the underground land or part; and

(d) unless the underground land vests in fee simple in the project authority, it 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 an approved project, and that reservation may be amended, revoked or otherwise dealt with in accordance with—

(i) the Crown Land (Reserves) Act 1978; or

(ii) any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with; and

(e) unless the Order expressly excludes the operation of this paragraph, if any part of the underground land is or forms part of a road—

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

(ii) all rights, easements and privileges existing or claimed in that part of the underground 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