New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 202

202 Effect of acquisition of land

(1) On the acquisition of land under this Division, the land becomes free of all trusts, restrictions, dedications, reservations, obligations and interests and, subject to this section, becomes Crown land.

(2) There may be excepted from an acquisition effected under this Division--

(a) any easement which is specified in the notice effecting the acquisition and to which the land was subject immediately before the acquisition, and

(b) any easement specified in that notice which is appurtenant to an easement referred to in paragraph (a).

(3) If--

(a) in accordance with subsection (2), an easement is excepted from the acquisition, and

(b) immediately before the acquisition, the benefit of a restriction as to user was annexed to the easement,

then, unless otherwise specified in the notice by which the acquisition is effected, the restriction continues to have effect as if the acquisition had not taken place.

(4) The provisions of sections 33- 36 of the Land Acquisition (Just Terms Compensation) Act 1991 apply to land acquired under this Division as if references in those provisions to an authority of the State were references to the Minister.