Severance of fixtures
13 Severance of fixtures
The Minister may, by notice in writing, for the purposes of a transfer under an order to which this Schedule applies direct that specified assets to which the order applies are (if they are fixtures) severed from the land on, under or above which they are situated.
The effect of such a notice is that the assets concerned are deemed to be severed from the land concerned and may be dealt with as personal property separate from the land for the purposes of a transfer.
This clause applies to assets designated by the Minister, by notice in writing, to be assets to which this clause applies. Assets may be designated as assets to which this clause applies only if they are owned by a public transport agency or TAM.
The severance of an asset from land under this clause does not affect the right of the asset to be situated on, under or above that land and does not affect any right to drain water or sewage from the asset across and through the land or to use any means of drainage of water or sewage from the asset across and through the land.
To avoid doubt, this clause extends to a transfer to or from TAM.
This Act’s bill:Explanatory memorandum
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