(2) Station facilities owned by TAHE, Sydney Metro,
NSW Trains, Sydney trains or TfNSW that are situated on land subject to an
ARTC lease or licence 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.
(3) The severance of a facility from land under this section--
(a) does not
affect the right of the facility to be situated on that land, and
(b) does
not affect any right to drain water or sewage from the facility across and
through the land or to use any means of drainage of water or sewage from the
facility across and through the land.
(4) This section does not have effect
in respect of rail infrastructure facilities or station facilities on land
subject to an existing lease or licence by the rail authority as lessor when
an ARTC lease or licence is entered into, while any such existing lease or
licence, or any renewal of that lease or licence, remains in force.
(5) To
avoid doubt, a reference in subsection (4) to a lease or licence does not
include a reference to a rail access agreement.
