sec.84ADeclaration of land as State toll road corridor land

### sec.84A Declaration of land as State toll road corridor land The Minister may, by gazette notice, declare the following land to be State toll road corridor land— non-freehold land (including a road or reserve, or part of a road or reserve, under the Land Act 1994 ) on or within which road transport infrastructure or rail transport infrastructure is situated; land, not mentioned in paragraph (a) , that is held by the State. The land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at an office of the department mentioned in the gazette notice. The declaration of land as State toll road corridor land may be subject to conditions, included in the declaration under subsection (1) , the Minister considers necessary or desirable in the circumstances. The Minister must, in a declaration under subsection (1) , declare the terms for section 84C (5) (d) that are to apply to the lease of the land to the State under section 84C (4) (a) . The terms mentioned in subsection (4) must— have been agreed to by the Minister administering the Land Act 1994 ; and be consistent with section 84C (5) (a) to (c) . The Minister may, in a declaration under subsection (1) , declare that a stated interest in land declared to be State toll road corridor land continues in relation to— the lease of the land to the State under section 84C (4) (a) ; or a lease of the land by the State to another person under section 84C (6) . If land has been declared under subsection (1) (the original State toll road corridor land ), the area of the original State toll road corridor land may be increased by a subsequent declaration of land under subsection (1) (the additional State toll road corridor land ). If a declaration of land under subsection (1) (the additional State toll road corridor land declaration ) increases the area of the original State toll road corridor land— subsections (4) and (5) do not apply to the additional State toll road corridor land declaration; and for section 84C (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original State toll road corridor land applying immediately before the additional State toll road corridor land declaration is made; and the additional State toll road corridor land declaration must state— the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease. For the effect of a declaration of additional State toll road corridor land on leases, see sections 84C and 84CA . In this section— non-freehold land means non-freehold land under the Land Act 1994 . s 84A ins 2005 No. 67 s 23 amd 2010 No. 19 s 198 ; 2011 No. 12 s 28 (sec.84A-ssec.1) The Minister may, by gazette notice, declare the following land to be State toll road corridor land— non-freehold land (including a road or reserve, or part of a road or reserve, under the Land Act 1994 ) on or within which road transport infrastructure or rail transport infrastructure is situated; land, not mentioned in paragraph (a) , that is held by the State. (sec.84A-ssec.2) The land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at an office of the department mentioned in the gazette notice. (sec.84A-ssec.3) The declaration of land as State toll road corridor land may be subject to conditions, included in the declaration under subsection (1) , the Minister considers necessary or desirable in the circumstances. (sec.84A-ssec.4) The Minister must, in a declaration under subsection (1) , declare the terms for section 84C (5) (d) that are to apply to the lease of the land to the State under section 84C (4) (a) . (sec.84A-ssec.5) The terms mentioned in subsection (4) must— have been agreed to by the Minister administering the Land Act 1994 ; and be consistent with section 84C (5) (a) to (c) . (sec.84A-ssec.6) The Minister may, in a declaration under subsection (1) , declare that a stated interest in land declared to be State toll road corridor land continues in relation to— the lease of the land to the State under section 84C (4) (a) ; or a lease of the land by the State to another person under section 84C (6) . (sec.84A-ssec.6A) If land has been declared under subsection (1) (the original State toll road corridor land ), the area of the original State toll road corridor land may be increased by a subsequent declaration of land under subsection (1) (the additional State toll road corridor land ). (sec.84A-ssec.6B) If a declaration of land under subsection (1) (the additional State toll road corridor land declaration ) increases the area of the original State toll road corridor land— subsections (4) and (5) do not apply to the additional State toll road corridor land declaration; and for section 84C (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original State toll road corridor land applying immediately before the additional State toll road corridor land declaration is made; and the additional State toll road corridor land declaration must state— the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease. For the effect of a declaration of additional State toll road corridor land on leases, see sections 84C and 84CA . (sec.84A-ssec.7) In this section— non-freehold land means non-freehold land under the Land Act 1994 . - (a) non-freehold land (including a road or reserve, or part of a road or reserve, under the Land Act 1994 ) on or within which road transport infrastructure or rail transport infrastructure is situated; - (b) land, not mentioned in paragraph (a) , that is held by the State. - (a) identified specifically in the gazette notice; or - (b) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at an office of the department mentioned in the gazette notice. - (a) have been agreed to by the Minister administering the Land Act 1994 ; and - (b) be consistent with section 84C (5) (a) to (c) . - (a) the lease of the land to the State under section 84C (4) (a) ; or - (b) a lease of the land by the State to another person under section 84C (6) . - (a) subsections (4) and (5) do not apply to the additional State toll road corridor land declaration; and - (b) for section 84C (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original State toll road corridor land applying immediately before the additional State toll road corridor land declaration is made; and - (c) the additional State toll road corridor land declaration must state— (i) the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and (ii) if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease. - (i) the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and - (ii) if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease. - (i) the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and - (ii) if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease.