122Effect of declaration under s 121

122 Effect of declaration under s 121 (1) On the day a declaration under section 121 takes effect in relation to a network facility, the facility, by force of this section— (a) is severed from the land and remains severed; and (b) vests in the person in whom the declaration states that the facility vests, without any conveyance, transfer or assignment. (2) A facility severed under subsection (1) ceases for all purposes to be a fixture. (3) A person in whom a facility is vested has, by force of this section, the following rights in relation to the facility: (a) to have the facility (including any lines, pipes, equipment and any other thing ancillary to any other part of the facility) remain on, under or over the land for the provision of utility services; (b) for that purpose, to use, or continue to use, the facility;

Miscellaneous Division 7.5 (c) to enter and occupy land on, above or under which the facility is located, and to undertake work on that land, for the purpose of maintaining the facility. (4) To ensure the proper provision of utility services, the Minister may determine conditions for the exercise of a right given by subsection (3) (c). (5) The right is exercisable only in accordance with the determined conditions. (6) A determination under subsection (4) is a notifiable instrument. (7) A declaration under section 121 has no effect to the extent that it would vest a facility in a person if the facility had not been used, or for use, by the person in providing a utility service before the declaration.