184ATfNSW roads within Kosciuszko National Park

184A TfNSW roads within Kosciuszko National Park

184A TfNSW roads within Kosciuszko National Park

(1) In this section—

TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

the excised land means land in the lots described in Schedule 16.

Note.

The plans referred to in Schedule 16 were, when this section commenced, held at the RTA Property and Land Information Branch, Centennial Plaza, Elizabeth Street, Sydney. It is intended that the plans will be registered as deposited plans.

(2) On the commencement of this section—

(a) the reservation under this Act of the excised land as part of Kosciuszko National Park is revoked, and

(b) the excised land vests in the Roads and Traffic Authority for an estate in fee simple, freed and discharged from any trusts, obligations, estates, interests and rights-of-way or other easements existing immediately before its vesting.

Note.

The excised land is now vested in TfNSW as the successor to the RTA and RMS.

(3) Without affecting the generality of subsection (2), any lease or sublease of, or licence relating to, any land that consisted of or included excised land immediately before the vesting of the excised land by this section does not apply to the excised land after the vesting, but is not otherwise affected by the vesting.

(4) Persons authorised in that behalf by TfNSW may enter (and remain for as long as may reasonably be necessary on) land adjoining or adjacent to excised land, with or without vehicles, plant and equipment, after giving reasonable notice to the Secretary and any lessee or sublessee (or, in an emergency, without notice), for the purpose of—

(a) inspecting, building, rebuilding, repairing or maintaining roads on the excised land and ancillary infrastructure (such as drainage works) on the excised land or the adjoining or adjacent land, or

(b) inspecting, placing, replacing, removing, repairing, maintaining or augmenting devices on the adjoining or adjacent land that measure hydrological features or land movement relating to use of the excised land for the purpose of roads.

(5) Despite any lease or licence entered into before or after the commencement of this section, any such ancillary infrastructure or device (whether or not a fixture) placed on the adjoining or adjacent land before or after the commencement of this section by a person authorised by TfNSW—