sec.17Vesting of public lands other than roads

### sec.17 Vesting of public lands other than roads The Governor in Council may, by gazette notice— if land within the corporation area is within the title of a public agency or is Crown land—vest title in the corporation; and if land within the corporation area is within the control of a public agency—vest title or control in the corporation. If title or control is vested in the corporation under this section, the Governor in Council may determine the amount of compensation (if any) that the corporation must pay to the public agency. If any land owned in fee simple by the council is vested in the corporation under this section any easement, right, liberty or privilege in relation to that land, save any easement, right, liberty or privilege possessed by the council under the Metropolitan Water Supply and Sewerage Act 1909 or the Local Government Act 2009 shall on vesting be extinguished for all purposes and shall not be the subject of any claim for compensation in relation to that extinguishment. In this section— land does not include the land owned in fee simple by a rail government entity that, in the opinion of the Governor in Council, is required for the operation of the railways, but includes land above and below that land. s 17 amd 1991 No. 67 s 7 ; 1995 No. 46 s 3 sch ; 2003 No. 24 s 3 sch ; 2008 No. 67 s 130 ; 2010 No. 19 s 61 ; 2009 No. 17 s 331 sch 1 (amd 2010 No. 23 s 344 (11) ); 2013 No. 19 s 120 sch 1 (sec.17-ssec.1) The Governor in Council may, by gazette notice— if land within the corporation area is within the title of a public agency or is Crown land—vest title in the corporation; and if land within the corporation area is within the control of a public agency—vest title or control in the corporation. (sec.17-ssec.2) If title or control is vested in the corporation under this section, the Governor in Council may determine the amount of compensation (if any) that the corporation must pay to the public agency. (sec.17-ssec.3) If any land owned in fee simple by the council is vested in the corporation under this section any easement, right, liberty or privilege in relation to that land, save any easement, right, liberty or privilege possessed by the council under the Metropolitan Water Supply and Sewerage Act 1909 or the Local Government Act 2009 shall on vesting be extinguished for all purposes and shall not be the subject of any claim for compensation in relation to that extinguishment. (sec.17-ssec.4) In this section— land does not include the land owned in fee simple by a rail government entity that, in the opinion of the Governor in Council, is required for the operation of the railways, but includes land above and below that land. - (a) if land within the corporation area is within the title of a public agency or is Crown land—vest title in the corporation; and - (b) if land within the corporation area is within the control of a public agency—vest title or control in the corporation.