Electricity infrastructure lawfully erected on Crown land under the combined effect of the Municipal Council of Sydney Electric Lighting Act 1896 and the Public Works Act 1912 may be maintained in place by successor entities under the Electricity Supply Act 1995, and the statutory right to maintain such infrastructure is not an 'estate or interest' in land within s 42 of the Real Property Act 1900. A statement of intention to relocate infrastructure, even when communicated in a 'without prejudice' letter with a timeframe, does not without more constitute a binding contractual commitment.
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