(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).]