12Vesting of land etc in the Commissioner

#### 12 Vesting of land etc in the Commissioner 12 Vesting of land etc in the Commissioner > > (1) On the date of assent to this Act, the land shown— > > > > > (a) coloured yellow, or > > > > > (b) hatched green with green edging, > > > > on the plan referred to in Schedule 3 vests in the Commissioner for an estate in fee simple, freed and discharged from any trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way or other easements existing immediately before that date. > > > (2) On the date of assent to this Act, an easement to drain water (within the meaning of section 88A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006)) is created in favour of the Commissioner in respect of the land shown coloured brown on the plan referred to in Schedule 3. > > > (3) A person is not entitled to receive compensation from the Commissioner as a consequence of— > > > > > (a) land having vested in the Commissioner by operation of subsection (1), or > > > > > (b) the easement to drain water having been created in favour of the Commissioner by operation of subsection (2). > > > (4) If, after the date of assent to this Act, Schedule 3 is amended in such a manner as to include land within the tunnelling site that previously was not part of that site, the Governor may, by proclamation published in the Gazette, declare that the whole or any part of that land shall be vested in the Commissioner. > > > (5) Upon publication of a proclamation under subsection (4), the land described in the proclamation shall vest in the Commissioner for an estate in fee simple, freed and discharged from any trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way or other easements existing immediately before the publication of the proclamation. > > > (6) A person (other than the Crown, a person representing the Crown or a council) is entitled to receive compensation from the Commissioner as a consequence of land having vested in the Commissioner by operation of subsection (5). > > > (7) A claim for compensation under subsection (6) shall be dealt with as if it were a case in which a claim had been made because of the acquisition of land for public purposes under the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) by notification published in the Gazette, and the Land and Environment Court has jurisdiction accordingly.