25Airspace titles may be created

25 Airspace titles may be created

(1)  Without limiting the generality of section 24 and section 27 and despite anything in the Local Government (Highways) Act 1982  –

(a) a title relating in whole or in part to airspace that is situated above all or part of the land that –

(i) is, or is to be, within the project site; or

(ii) adjoins the land that is, or is to be, within the project site –

may be created by the Recorder of Titles in accordance with section 24 or 27 ; and

(b) a direction may be given under either section 24 or 27 in relation to the creation of such a title –

for the relevant purpose.

(2)  For the purposes of subsection (1) , the relevant purpose is so as to enable any part of a structure, that is to be situated in whole or in part on the land that is, or is to be, within the project site, to overhang another area of land (whether within or outside any land within the project site) that is a highway, if the part of the structure is to overhang the highway by more than the prescribed height.

(3)  For the purposes of subsections (1) and (2) , a part of a structure is to overhang a highway by more than the prescribed height if –

(a) where the highway is a footway – the part of the structure is to be more than 2.4 metres above the footway; or

(b) where the highway is a carriageway – the part of the structure is to be more than 4.25 metres above the carriageway.

(4)  Any estate or interest created by an airspace title vests in the Crown but may be disposed of by the Crown at any time –

(a) for the purposes of the Development Agreement; or

(b) if the Minister is satisfied that the Development Agreement has been terminated, rescinded or abandoned.