sec.59Severance of declared infrastructure

### sec.59 Severance of declared infrastructure A regulation may declare that rail transport infrastructure stated in the regulation (the declared infrastructure ) is severed from the Surat Basin rail corridor land on which it is situated or proposed to be situated. The regulation may state the day when the declared infrastructure is severed. On and after the day the declared infrastructure is severed, the declared infrastructure is taken to be, and must be dealt with as, personal property separate from the land. The severance of the declared infrastructure from land under this section— does not affect the right of the declared infrastructure to be situated on the land; and does not affect a person’s rights or obligations under an agreement relating to the declared infrastructure, other than to the extent stated in the agreement; and does not affect any right to drain water or sewage from the declared infrastructure across and through the land or to use any means of drainage of water or sewage across and through the land; and is not a dutiable transaction under the Duties Act 2001 . (sec.59-ssec.1) A regulation may declare that rail transport infrastructure stated in the regulation (the declared infrastructure ) is severed from the Surat Basin rail corridor land on which it is situated or proposed to be situated. (sec.59-ssec.2) The regulation may state the day when the declared infrastructure is severed. (sec.59-ssec.3) On and after the day the declared infrastructure is severed, the declared infrastructure is taken to be, and must be dealt with as, personal property separate from the land. (sec.59-ssec.4) The severance of the declared infrastructure from land under this section— does not affect the right of the declared infrastructure to be situated on the land; and does not affect a person’s rights or obligations under an agreement relating to the declared infrastructure, other than to the extent stated in the agreement; and does not affect any right to drain water or sewage from the declared infrastructure across and through the land or to use any means of drainage of water or sewage across and through the land; and is not a dutiable transaction under the Duties Act 2001 . - (a) does not affect the right of the declared infrastructure to be situated on the land; and - (b) does not affect a person’s rights or obligations under an agreement relating to the declared infrastructure, other than to the extent stated in the agreement; and - (c) does not affect any right to drain water or sewage from the declared infrastructure across and through the land or to use any means of drainage of water or sewage across and through the land; and - (d) is not a dutiable transaction under the Duties Act 2001 .