Victorian Numbered Acts

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MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 117

Acquisition by project authority—effect on utilities

    (1)     This section applies if—

        (a)     a project authority acquires an interest in land under section 112 or Division 6; and

        (b)     an easement of a utility or a right in the nature of an easement of a utility is extinguished on that acquisition.

    (2)     Nothing in section 24 of the Land Acquisition and Compensation Act 1986 has the effect of removing—

        (a)     a utility's ownership of any utility infrastructure; or

        (b)     any right (other than an interest in real property) arising under any existing agreement between utilities in relation to utility infrastructure; or

        (c)     any right (other than an interest in real property) conferred by an enactment on a utility in relation to utility infrastructure.

    (3)     The acquisition of the interest in land is not to be regarded as placing a utility in breach of, or as constituting a default or potential default under any obligation, undertaking, warranty or covenant in any agreement, arrangement or understanding between the utility and a third party, including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land or interest in land.



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