sec.84CEffect on land of State toll road corridor land declaration

### sec.84C Effect on land of State toll road corridor land declaration If a road or reserve, or part of a road or reserve, under the Land Act 1994 is declared under section 84A to be State toll road corridor land, the road or reserve, or the part— stops being a road or reserve 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 84A to be State toll road 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 84A to be State toll road corridor land, the land becomes unallocated State land. If, immediately before the declaration of land as State toll road corridor land, public utility plant was located on the land, the declaration does not affect the ownership of the public utility plant. Subject to subsection (3A) , 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 84A (6) . The Minister administering the Land Act 1994 — is taken to have leased the State toll road 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 State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (a) ; and on the terms stated in the declaration of the State toll road corridor land under section 84A (4) . The State may lease State toll road corridor land to another person. A person to whom the State has leased State toll road corridor land, or a person who holds a lease under the lease from the State, may lease the State toll road corridor land to another person. Each lease under subsection (6) or (6A) 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 State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (b) . The Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of State toll road corridor land. If an interest that is a registered interest is continued under section 84A (6) , 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 State toll road corridor land declaration, this section is subject to section 84CA . 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 84C ins 2005 No. 67 s 23 amd 2007 No. 43 s 6 ; 2010 No. 13 s 85 ; 2010 No. 19 s 200 ; 2011 No. 12 s 29 ; 2020 No. 21 s 72 s ch 1 pt 1 (sec.84C-ssec.1) If a road or reserve, or part of a road or reserve, under the Land Act 1994 is declared under section 84A to be State toll road corridor land, the road or reserve, or the part— stops being a road or reserve under that Act; and becomes unallocated State land. (sec.84C-ssec.2) If a lot, or part of a lot, under the Land Title Act 1994 is declared under section 84A to be State toll road corridor land, the lot or part becomes unallocated State land. (sec.84C-ssec.3) If land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under section 84A to be State toll road corridor land, the land becomes unallocated State land. (sec.84C-ssec.3A) If, immediately before the declaration of land as State toll road corridor land, public utility plant was located on the land, the declaration does not affect the ownership of the public utility plant. (sec.84C-ssec.3B) Subject to subsection (3A) , 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 84A (6) . (sec.84C-ssec.4) The Minister administering the Land Act 1994 — is taken to have leased the State toll road 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.84C-ssec.5) The lease is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (a) ; and on the terms stated in the declaration of the State toll road corridor land under section 84A (4) . (sec.84C-ssec.6) The State may lease State toll road corridor land to another person. (sec.84C-ssec.6A) A person to whom the State has leased State toll road corridor land, or a person who holds a lease under the lease from the State, may lease the State toll road corridor land to another person. (sec.84C-ssec.7) Each lease under subsection (6) or (6A) may include an option to renew the lease. (sec.84C-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 State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (b) . (sec.84C-ssec.9) The Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of State toll road corridor land. (sec.84C-ssec.10) If an interest that is a registered interest is continued under section 84A (6) , the registrar of titles must record the interest in the leasehold land register against the lease in relation to which it is continued. (sec.84C-ssec.10A) If the Minister makes an additional State toll road corridor land declaration, this section is subject to section 84CA . (sec.84C-ssec.11) 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 or reserve under that Act; and - (b) becomes unallocated State land. - (a) is taken to have leased the State toll road 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 State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (a) ; and - (d) on the terms stated in the declaration of the State toll road corridor land under section 84A (4) . - (a) to be decided by the Minister; and - (b) subject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (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 .