QLDIn ForceAct
Transport Infrastructure Act 1994
sec.377QSeverance of light rail transport infrastructure
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### sec.377Q Severance of light rail transport infrastructure
The chief executive may decide to sever light rail transport infrastructure from light rail land on which it is situated.
If the chief executive makes a decision under subsection (1) , the severed infrastructure is taken to be, and must be dealt with as, personal property separate from the land.
A decision under subsection (1) takes effect on the day stated in a notice given, for the purposes of this subsection, by the chief executive to—
the owner of the light rail transport infrastructure; and
each other person the chief executive knows, or ought reasonably to know, has an interest in the light rail transport infrastructure.
The severance of light rail transport infrastructure from land under this section—
does not affect the right of the infrastructure to be situated on the land; and
does not affect a person’s rights or obligations under a light rail franchise agreement relating to the infrastructure, other than to the extent stated in the agreement; and
does not affect any right to drain water or sewage from the infrastructure across and through the land or to use any means of drainage of water or sewage from the facility across and through the land.
In this section—
light rail land includes land—
held by the chief executive on behalf of the State; and
on which light rail transport infrastructure is situated.
light rail transport infrastructure includes any part of light rail transport infrastructure.
s 377Q ins 2010 No. 19 s 178
(sec.377Q-ssec.1) The chief executive may decide to sever light rail transport infrastructure from light rail land on which it is situated.
(sec.377Q-ssec.2) If the chief executive makes a decision under subsection (1) , the severed infrastructure is taken to be, and must be dealt with as, personal property separate from the land.
(sec.377Q-ssec.3) A decision under subsection (1) takes effect on the day stated in a notice given, for the purposes of this subsection, by the chief executive to— the owner of the light rail transport infrastructure; and each other person the chief executive knows, or ought reasonably to know, has an interest in the light rail transport infrastructure.
(sec.377Q-ssec.4) The severance of light rail transport infrastructure from land under this section— does not affect the right of the infrastructure to be situated on the land; and does not affect a person’s rights or obligations under a light rail franchise agreement relating to the infrastructure, other than to the extent stated in the agreement; and does not affect any right to drain water or sewage from the infrastructure across and through the land or to use any means of drainage of water or sewage from the facility across and through the land.
(sec.377Q-ssec.5) In this section— light rail land includes land— held by the chief executive on behalf of the State; and on which light rail transport infrastructure is situated. light rail transport infrastructure includes any part of light rail transport infrastructure.
- (a) the owner of the light rail transport infrastructure; and
- (b) each other person the chief executive knows, or ought reasonably to know, has an interest in the light rail transport infrastructure.
- (a) does not affect the right of the infrastructure to be situated on the land; and
- (b) does not affect a person’s rights or obligations under a light rail franchise agreement relating to the infrastructure, other than to the extent stated in the agreement; and
- (c) does not affect any right to drain water or sewage from the infrastructure across and through the land or to use any means of drainage of water or sewage from the facility across and through the land.
- (a) held by the chief executive on behalf of the State; and
- (b) on which light rail transport infrastructure is situated.