Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 39

Acquisition by Authority-effect on Utilities

39. Acquisition by Authority-effect on Utilities



(1) This section applies if-

   (a)  the Authority acquires an interest in land under section 34; 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 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.