162BEasements below ground level

162B Easements below ground level

(1) The Governor in Council, by Order published in the Government Gazette, may provide for the acquisition by the Crown or the project authority of a right in the nature of an easement over a stratum of land below ground level in the project area.

An easement cannot be acquired over Crown land—see section 161A(2).

(2) An Order under this section must be made on the recommendation of the Project Minister.

(3) If the Crown or the project authority acquires any right in the nature of an easement, or purporting to be an easement, under the Order, that right must be taken to be an easement even though there is no land vested in the Crown or the project authority that is benefitted by or capable of being benefitted by that right.

(4) A right referred to in subsection (1) may be a right that did not previously exist as such.

(5) On the publication of the Order—

(a) the right vests in the Crown or the project authority (as the case may be); and

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

(6) An Order under this section may be contained in the same instrument as an Order under section 162.

S. 163 substituted by No. 43/2021 s. 187.