Extinguishment of rights and liabilities in corridor
12 Extinguishment of rights and liabilities in corridor
On the day on which land becomes land within a corridor, the land is freed and discharged from all limitations (other than a preserved limitation) that existed, immediately before that day, in relation to the land.
On the day on which land becomes land within a corridor, all public and private rights (other than a preserved right) that existed, immediately before that day, in relation to the land, are extinguished.
If, immediately before the day on which a corridor notice in relation to a corridor comes into force, there is a lease, sublease or licence in relation to land – part of which, on that day, becomes land within the corridor; and part of which, on that day, does not become land within the corridor – subsections (1) and (2) and section 15 only apply in relation to the lease, sublease or licence in respect of the part of the land that becomes, on that day, land within the corridor and, in the case of a lease or licence, subsection (4) applies.
If this subsection applies in relation to a lease or licence, the Minister must – vary the lease or licence so as to exclude from the lease or licence land to which subsection (3)(a) applies; and take the steps necessary to adjust any amount payable by the holder of the lease or licence to reflect the exclusion of the land to which subsection (3)(a) applies from the lease or licence by virtue of the variation.
Despite any other law or doctrine to the contrary, a lease or sublease to which a variation in accordance with subsection (4) applies is not to be taken to have been surrendered by virtue of the operation of the variation.
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