LAND ADMINISTRATION ACT 1997 - SECT 164

LAND ADMINISTRATION ACT 1997 - SECT 164

164 .         Mineral, petroleum and geothermal energy rights may be excluded from taking order

        (1)         If a taking order provides that land is to be taken, or that an interest in fee simple in land is to be taken, the interest taken includes —

            (a)         all rights to any minerals under the land; and

            (b)         the petroleum rights referred to in the Petroleum and Geothermal Energy Resources Act 1967 , the Petroleum Pipelines Act 1969 , and the Petroleum (Submerged Lands) Act 1982 ; and

            (c)         the rights relating to geothermal energy resources and geothermal energy referred to in the Petroleum and Geothermal Energy Resources Act 1967 ,

                unless the order provides otherwise.

        (2)         If a claim is made for compensation in respect of the taking of any right referred to in subsection (1), the acquiring authority may elect either to make compensation or to re-grant the whole of those rights or such part of those rights as the acquiring authority thinks fit.

        (3)         If rights are re-granted to the claimant under subsection (2), no compensation is payable in respect of the taking of the rights re-granted.

        [Section 164 amended: No. 35 of 2007 s. 98(7).]