sec.729Third party licences preserved

### sec.729 Third party licences preserved This section applies if— an unregistered right or permission was granted or purportedly granted (whether in writing or orally) by SunWater before the transfer day for a declared channel scheme for a person to enter or use land in a perpetual lease under the Land Act 1994 that is held by SunWater and is in the area of the scheme (a third party licence ); and apart from this section, the third party licence was not lawfully granted by SunWater but would have been lawfully granted if, before the transfer day for the scheme, the land over which SunWater granted the third party licence was freehold land owned by SunWater rather than land in a perpetual lease; and a transfer notice provides for the transfer of the third party licence to the irrigation entity for the declared channel scheme. The third party licence is, immediately before the transfer day, taken to have effect in law and to continue from the transfer day according to its terms. s 729 ins 2017 No. 2 s 4 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.729-ssec.1) This section applies if— an unregistered right or permission was granted or purportedly granted (whether in writing or orally) by SunWater before the transfer day for a declared channel scheme for a person to enter or use land in a perpetual lease under the Land Act 1994 that is held by SunWater and is in the area of the scheme (a third party licence ); and apart from this section, the third party licence was not lawfully granted by SunWater but would have been lawfully granted if, before the transfer day for the scheme, the land over which SunWater granted the third party licence was freehold land owned by SunWater rather than land in a perpetual lease; and a transfer notice provides for the transfer of the third party licence to the irrigation entity for the declared channel scheme. (sec.729-ssec.2) The third party licence is, immediately before the transfer day, taken to have effect in law and to continue from the transfer day according to its terms. - (a) an unregistered right or permission was granted or purportedly granted (whether in writing or orally) by SunWater before the transfer day for a declared channel scheme for a person to enter or use land in a perpetual lease under the Land Act 1994 that is held by SunWater and is in the area of the scheme (a third party licence ); and - (b) apart from this section, the third party licence was not lawfully granted by SunWater but would have been lawfully granted if, before the transfer day for the scheme, the land over which SunWater granted the third party licence was freehold land owned by SunWater rather than land in a perpetual lease; and - (c) a transfer notice provides for the transfer of the third party licence to the irrigation entity for the declared channel scheme.