23Minister may declare certain limitations and rights not to be extinguished

23 Minister may declare certain limitations and rights not to be extinguished

(1)  The Minister, by order, may declare that a limitation that relates to all or part of the land that is, or is to be, within –

(a) the project site; or

(b) land adjoining the project site –

is a preserved limitation for the purposes of this Act.

(2)  The Minister, by order, may declare that a right that relates to all or part of the land that is, or is to be, within –

(a) the project site; or

(b) land adjoining the project site –

is a preserved right for the purposes of this Act.

(3)  An order may be made under this section even though the effect, under this Part, of the order is to –

(a) cause to exist a right that has been extinguished under this Act; or

(b) re-impose a limitation from which land has been freed under this Act –

and where an order has such an effect, the right and limitation resume existence, or are re-imposed, by virtue of this section, on and from a date specified, in relation to the right or limitation, in the order.

(4)  A date specified, for the purposes of subsection (3) , in an order may be a date before or after the date on which the order is made.

(5)  An order under this section –

(a) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and

(b) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .