(1B) However, an
easement without a dominant tenement may only be created in favour of, or
assured to, a corporation prescribed by the regulations for the purposes of
this section if the easement is for the purpose of, or incidental to, the
supply of a utility service to the public, including (but not limited to)--
(a) the supply of gas, water or electricity, or
(b) the supply of drainage or
sewage services.
(1C) Nothing in subsection (1B) prevents the creation by a
corporation prescribed by the regulations for the purposes of this section of
an easement for the purpose of, or incidental to, the provision of rail
infrastructure facilities.
(a) takes effect on
or after 15 June 1964 (the commencement of the Local Government and
Conveyancing (Amendment) Act 1964 ),
(b) purports to create a right-of-way or
drainage easement without a dominant tenement, and
(c) purports to create or assure such a right-of-way or drainage easement in
favour of or to a prescribed authority,
the expressions "right of carriage
way", "right of footway", "easement to drain water" and "easement to drain
sewage" have the same effect as if there had been inserted in lieu thereof
respectively the words contained in Schedule 4A.
(2A) In an instrument which
takes effect after the commencement of Schedule 1[5[#93] to the Property
Legislation Amendment (Easements) Act 1995 and purports to create or assure an
easement without a dominant tenement of the following kind in favour of or to
a prescribed authority, the following expressions have effect as if the words
attributed in Schedule 4A to those expressions were inserted instead--
easement for repairs
easement for drainage of sewage
easement for drainage
of water
easement for electricity purposes
easement for services
easement
for water supply
right of access
(2B) The meaning given to an expression by
this section and Schedule 4A may be varied (whether by way of addition,
exception, qualification or omission), and is taken to have always been
capable of being so varied, by the instrument in which the expression is used.
(2C) In Schedule 4A--
(a) a body includes any person for the time being
authorised by the body, and
(b) a lot includes any other distinct piece or
parcel of land (such as an island, a portion of a Parish or a Section).
(2D)
The power conferred by this section is taken always to have existed. However,
the power conferred by this section on a corporation prescribed by the
regulations for the purposes of this section confers that power on and from
the date the corporation is first so prescribed if the regulations so provide.
(2E) The restriction imposed by subsection (1B) on the power conferred by this
section does not apply to an easement created or assured before the
commencement of that subsection.
(3) This section applies and shall be deemed
always to have applied to land under the provisions of the Real Property Act
1900 .
