sec.303Effect on land of busway declaration

### sec.303 Effect on land of busway declaration If a road or a part of a road is declared under this part to be busway land, the road or part— stops being a road; and becomes unallocated State land. If a lot or a part of a lot under the Land Title Act 1994 is declared under this part to be busway 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 this part to be busway land, the land becomes unallocated State land. Subsection (2C) applies to the following that is declared under section 302 (1) to be busway land— unallocated State land; road or land that becomes unallocated State land under subsection (1) , (2) or (2A) . The unallocated State land is free of any interest or obligation other than the interests in the land, if any, continued under section 302 (1A) . The chief executive must give to the holder of an interest in the unallocated State land not continued under section 302 (1A) a written notice stating— that the holder’s interest is extinguished; and the date the interest is extinguished; and that the holder has the right to compensation under section 303AAA . Busway land can not be declared under section 24 to be a State-controlled road. When land is declared to be busway land under section 302 (1) — the Minister of the department administering the Land Act 1994 — is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and must lodge a document evidencing the lease in the leasehold land register; or if the busway land is to be included in an existing lease under paragraph (a) — the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and the registrar of titles must amend the description in the existing lease to include the busway land. A lease under subsection (4) (a) is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the busway land, if any, continued under section 302 (1A) in relation to the lease. The Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of busway land. If a registered interest is continued under section 302 (1A) in relation to the lease of busway land under subsection (4) (a) , the registrar of titles must record the interest in the leasehold land register against the lease. 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 303 ins 2000 No. 40 s 13 amd 2005 No. 49 s 13 ; 2005 No. 67 s 35 ; 2020 No. 21 s 38 (sec.303-ssec.1) If a road or a part of a road is declared under this part to be busway land, the road or part— stops being a road; and becomes unallocated State land. (sec.303-ssec.2) If a lot or a part of a lot under the Land Title Act 1994 is declared under this part to be busway land, the lot or part becomes unallocated State land. (sec.303-ssec.2A) If land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under this part to be busway land, the land becomes unallocated State land. (sec.303-ssec.2B) Subsection (2C) applies to the following that is declared under section 302 (1) to be busway land— unallocated State land; road or land that becomes unallocated State land under subsection (1) , (2) or (2A) . (sec.303-ssec.2C) The unallocated State land is free of any interest or obligation other than the interests in the land, if any, continued under section 302 (1A) . (sec.303-ssec.2D) The chief executive must give to the holder of an interest in the unallocated State land not continued under section 302 (1A) a written notice stating— that the holder’s interest is extinguished; and the date the interest is extinguished; and that the holder has the right to compensation under section 303AAA . (sec.303-ssec.3) Busway land can not be declared under section 24 to be a State-controlled road. (sec.303-ssec.4) When land is declared to be busway land under section 302 (1) — the Minister of the department administering the Land Act 1994 — is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and must lodge a document evidencing the lease in the leasehold land register; or if the busway land is to be included in an existing lease under paragraph (a) — the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and the registrar of titles must amend the description in the existing lease to include the busway land. (sec.303-ssec.5) A lease under subsection (4) (a) is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the busway land, if any, continued under section 302 (1A) in relation to the lease. (sec.303-ssec.6) The Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of busway land. (sec.303-ssec.7) If a registered interest is continued under section 302 (1A) in relation to the lease of busway land under subsection (4) (a) , the registrar of titles must record the interest in the leasehold land register against the lease. (sec.303-ssec.8) 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; and - (b) becomes unallocated State land. - (a) unallocated State land; - (b) road or land that becomes unallocated State land under subsection (1) , (2) or (2A) . - (a) that the holder’s interest is extinguished; and - (b) the date the interest is extinguished; and - (c) that the holder has the right to compensation under section 303AAA . - (a) the Minister of the department administering the Land Act 1994 — (i) is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and (ii) must lodge a document evidencing the lease in the leasehold land register; or - (i) is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and - (ii) must lodge a document evidencing the lease in the leasehold land register; or - (b) if the busway land is to be included in an existing lease under paragraph (a) — (i) the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and (ii) the registrar of titles must amend the description in the existing lease to include the busway land. - (i) the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and - (ii) the registrar of titles must amend the description in the existing lease to include the busway land. - (i) is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and - (ii) must lodge a document evidencing the lease in the leasehold land register; or - (i) the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and - (ii) the registrar of titles must amend the description in the existing lease to include the busway land. - (a) in perpetuity; and - (b) if demanded, for a rent of $1 a year; and - (c) subject to the interests in the busway land, if any, continued under section 302 (1A) in relation to the lease. - (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 .