sec.105JEffect on land of local government tollway corridor land declaration

### sec.105J Effect on land of local government tollway corridor land declaration If a road, or part of a road, under the Land Act 1994 is declared under section 105H to be local government tollway corridor land, the road or part— stops being a road under that Act; and becomes unallocated State land. If a lot, or part of a lot, under the Land Title Act 1994 is declared under section 105H to be local government tollway corridor land, the lot or part becomes unallocated State land. If land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under section 105H to be local government tollway corridor land, the land becomes unallocated State land. Subject to section 105M , land that becomes unallocated State land under subsection (1) , (2) or (3) is free of any interest or obligation other than the interests in the land, if any, continued under section 105H (9) . The Minister administering the Land Act 1994 — is taken to have leased the local government tollway corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and must lodge a document evidencing the lease in the leasehold land register. The lease is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the local government tollway corridor land, if any, continued in relation to the lease under section 105H (9) (a) ; and on the terms stated in the declaration of the local government tollway corridor land under section 105H (7) . The State must lease local government tollway corridor land to the local government that asked, under section 105H , for the land to be declared to be local government tollway corridor land. The lease under subsection (6) may include an option to renew the lease. The terms of the lease under subsection (6) , including an option to renew the lease, and a renewed lease are— to be decided by the Minister; and subject to the interests in the land, if any, continued in relation to the lease under section 105H (9) (b) . The local government may lease the local government tollway corridor land to another person for use as a tollway. A person to whom the local government has leased the local government tollway corridor land, or a person who holds a lease under the lease from the local government, may lease the local government tollway corridor land to another person. Each lease under subsection (9) or (10) may include an option to renew the lease. The terms of each lease under subsection (9) or (10) , including an option to renew the lease, and a renewed lease are to be decided by the lessor and lessee but must be consistent with any conditions imposed on the approved tollway project under an Act. If an interest that is a registered interest is continued under section 105H (9) , the registrar of titles must record the interest in the leasehold land register against the lease in relation to which it is continued. If the Minister makes an additional local government tollway corridor land declaration, this section is subject to section 105JAA . In this section— registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 . s 105J ins 2005 No. 67 s 32 amd 2010 No. 13 s 86 ; 2010 No. 19 s 203 ; 2011 No. 12 s 34 ; 2020 No. 21 s 72 s ch 1 pt 1 (sec.105J-ssec.1) If a road, or part of a road, under the Land Act 1994 is declared under section 105H to be local government tollway corridor land, the road or part— stops being a road under that Act; and becomes unallocated State land. (sec.105J-ssec.2) If a lot, or part of a lot, under the Land Title Act 1994 is declared under section 105H to be local government tollway corridor land, the lot or part becomes unallocated State land. (sec.105J-ssec.3) If land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under section 105H to be local government tollway corridor land, the land becomes unallocated State land. (sec.105J-ssec.3A) Subject to section 105M , land that becomes unallocated State land under subsection (1) , (2) or (3) is free of any interest or obligation other than the interests in the land, if any, continued under section 105H (9) . (sec.105J-ssec.4) The Minister administering the Land Act 1994 — is taken to have leased the local government tollway corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and must lodge a document evidencing the lease in the leasehold land register. (sec.105J-ssec.5) The lease is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the local government tollway corridor land, if any, continued in relation to the lease under section 105H (9) (a) ; and on the terms stated in the declaration of the local government tollway corridor land under section 105H (7) . (sec.105J-ssec.6) The State must lease local government tollway corridor land to the local government that asked, under section 105H , for the land to be declared to be local government tollway corridor land. (sec.105J-ssec.7) The lease under subsection (6) may include an option to renew the lease. (sec.105J-ssec.8) The terms of the lease under subsection (6) , including an option to renew the lease, and a renewed lease are— to be decided by the Minister; and subject to the interests in the land, if any, continued in relation to the lease under section 105H (9) (b) . (sec.105J-ssec.9) The local government may lease the local government tollway corridor land to another person for use as a tollway. (sec.105J-ssec.10) A person to whom the local government has leased the local government tollway corridor land, or a person who holds a lease under the lease from the local government, may lease the local government tollway corridor land to another person. (sec.105J-ssec.11) Each lease under subsection (9) or (10) may include an option to renew the lease. (sec.105J-ssec.12) The terms of each lease under subsection (9) or (10) , including an option to renew the lease, and a renewed lease are to be decided by the lessor and lessee but must be consistent with any conditions imposed on the approved tollway project under an Act. (sec.105J-ssec.13) If an interest that is a registered interest is continued under section 105H (9) , the registrar of titles must record the interest in the leasehold land register against the lease in relation to which it is continued. (sec.105J-ssec.13A) If the Minister makes an additional local government tollway corridor land declaration, this section is subject to section 105JAA . (sec.105J-ssec.14) In this section— registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 . - (a) stops being a road under that Act; and - (b) becomes unallocated State land. - (a) is taken to have leased the local government tollway corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and - (b) must lodge a document evidencing the lease in the leasehold land register. - (a) in perpetuity; and - (b) if demanded, for a rent of $1 a year; and - (c) subject to the interests in the local government tollway corridor land, if any, continued in relation to the lease under section 105H (9) (a) ; and - (d) on the terms stated in the declaration of the local government tollway corridor land under section 105H (7) . - (a) to be decided by the Minister; and - (b) subject to the interests in the land, if any, continued in relation to the lease under section 105H (9) (b) . - (a) an interest recorded in a register kept under the Land Act 1994 , section 276 ; or - (b) a registered interest under the Land Title Act 1994 .