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DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 (NO. 10 OF 2016) - SECT 56

Severance of fixtures

    (1)     The Premier, by order, may, for the purposes of an authorised transaction, direct that fixtures designated under this section are severed from the land on which they are situated.

    (2)     The effect of an order under subsection (1) is that the fixtures concerned are taken to be severed from the land on which they are situated and may be dealt with as personal property separate from the land for the purposes of an authorised transaction.

    (3)     The severance of a fixture from land under this section does not affect—

        (a)     the right to have the fixture continue to be situated on the land; or

        (b)     any right to drain water or sewage from the fixture across and through the land; or

        (c)     the right to use any means of drainage of water or sewage from the fixture across and through the land.

    (4)     The Premier, by order, may designate for the purposes of this section fixtures that are—

        (a)     port assets; and

        (b)     owned by the Port Corporation or another public sector entity; and

        (c)     situated on land owned by the Port Corporation or another public sector entity.



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