Part 5Powers to enter and use land

I146Suspension of real burdens and servitudes etc.

1

Where Ministers take possession of land under section 37 or 39—

a

any servitude or real burden over that land is unenforceable, and

b

any development management scheme applying to the land is disapplied,

for the period of possession.

2

Period of possession” means the period beginning when Ministers enter and take possession and ending—

a

where temporary possession is taken under section 37, when Ministers give up temporary possession,

b

where possession is taken under section 39—

i

on the registration of the relevant conveyance, or

ii

where the notice to treat or general vesting declaration concerned is withdrawn or otherwise ceases to have effect.