Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

In this section – improvement means work done and material used on or for the benefit of land in a corridor which visibly and effectively improves or increases the value of the land.

Except in relation to an improvement to which an agreement under subsection (3) relates – if a person ceases to be a corridor manager in relation to a corridor; or a lease in relation to land within a corridor expires or is cancelled – all improvements on the land within the corridor that have been made by or on behalf of the corridor manager or the lessee in relation to the lease or under a sublease under the lease, vest in the Crown absolutely.

The Minister and a person who is the corridor manager in relation to a corridor, or the Minister and a lessee in relation to land within a corridor, may, in writing, agree that, if the person ceases to be the corridor manager, or the lessee, in relation to the land – an improvement on the land, made by or on behalf of the person or a sublessee, does not vest in the Crown; and the person, as soon as practicable after ceasing to be the corridor manager or the lessee in relation to the corridor, or the sublease expires or is cancelled, as the case may be, is to remove the improvement; and the person is, or is not, required to make good any damage caused by the removal of the improvement.

A person must not, without the consent of the Minister or in accordance with a notice of the Minister under subsection (5), remove any improvement made within a corridor.

The Minister may, by notice to a person who is or was – a corridor manager in relation to a corridor; or the holder of a lease, in relation to land within a corridor, that has expired or been cancelled; or the holder of a lease, in relation to land within a corridor, under which a sublease was granted – issue a direction to the person.

A direction in a notice under subsection (5) to a person may direct the person – to remove from a corridor, within the period specified in the notice, an improvement made by or on behalf of the person or under the sublease; and to make good any damage caused by the removal of the improvement.

If the Minister issues under subsection (5) a notice to a person in relation to an improvement – despite subsection (2), the improvement does not vest in the Crown; and the person must comply with the notice; and if the person fails, within a reasonable time after the notice is issued, to comply with the notice, the Minister may do any or all of the following:cause the improvement to be removed; cause to be made good any damage caused by the removal of the improvement; dispose of the improvement, including by sale.

Any costs reasonably incurred by the Minister in taking any action in accordance with subsection (7)(c) (other than costs related to the disposal of an improvement by way of sale) because a person has failed to comply with a notice are recoverable as a debt due to the Crown from the person.