42Improvements on corridor

42 Improvements on corridor

(1)  In this section –

improvement means work done and material used on or for the benefit of land in a corridor which visibly and effectively improves or increases the value of the land.

(2)  Except in relation to an improvement to which an agreement under subsection (3) relates –

(a) if a person ceases to be a corridor manager in relation to a corridor; or

(b) a lease in relation to land within a corridor expires or is cancelled –

all improvements on the land within the corridor that have been made by or on behalf of the corridor manager or the lessee in relation to the lease or under a sublease under the lease, vest in the Crown absolutely.

(3)  The Minister and a person who is the corridor manager in relation to a corridor, or the Minister and a lessee in relation to land within a corridor, may, in writing, agree that, if the person ceases to be the corridor manager, or the lessee, in relation to the land –

(a) an improvement on the land, made by or on behalf of the person or a sublessee, does not vest in the Crown; and

(b) the person, as soon as practicable after ceasing to be the corridor manager or the lessee in relation to the corridor, or the sublease expires or is cancelled, as the case may be, is to remove the improvement; and

(c) the person is, or is not, required to make good any damage caused by the removal of the improvement.

(4)  A person must not, without the consent of the Minister or in accordance with a notice of the Minister under subsection (5) , remove any improvement made within a corridor.

(5)  The Minister may, by notice to a person who is or was –

(a) a corridor manager in relation to a corridor; or

(b) the holder of a lease, in relation to land within a corridor, that has expired or been cancelled; or

(c) the holder of a lease, in relation to land within a corridor, under which a sublease was granted –