Effect of statutory easement on existing interests etc
12 Effect of statutory easement on existing interests etc
The statutory easement extinguishes other easements and subleases in favour of the Authority to the extent the other easements or subleases relate to the servient land.
However—
a public right of way is not extinguished by the statutory easement; and
rights related to the pipeline subject to Pipeline Licence No. 2 under the Petroleum Act 1940 are preserved but the preserved rights do not limit or fetter the following rights under the statutory easement—
the right to maintain a designated pipeline (and associated equipment) in the position in which it was immediately before the commencement of this Part; and
the right to operate the pipeline (and associated equipment); and
the right to repair the pipeline or associated equipment or replace it with a new pipeline or new associated equipment in the same position; and
if an instrument that created an easement that is extinguished under subsection (1) contained a covenant indemnifying other persons interested in the land that was subject to the easement against loss or damage, the covenant continues in force but may be enforced only against the owner of the pipeline as at the time when the cause of action for the indemnity arose.
If an easement that is registered under the Real Property Act 1886 is extinguished under this section, the Registrar-General must, on application by the Minister or any other interested person, cancel the registration of the easement.
A dedication of land of the Crown made before the commencement of this Part is, to the extent that it relates to the servient land, revoked.
A licence or permit granted by or on behalf of the Crown, a statutory authority, or a council to permit the installation, maintenance or operation of a pipeline on its land is, to the extent the licence or permit relates to the servient land, revoked.
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