New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 52

52 Creation of easements

(1) The Minister may:

(a) if prescribed land is subject to the provisions of the Real Property Act 1900 -create an easement over the land in the way provided in that Act or in section 88B of the Conveyancing Act 1919 , and

(b) if prescribed land is not subject to the provisions of the Real Property Act 1900 -create an easement over the land:

(i) in the way provided in section 88B of the Conveyancing Act 1919 , or

(ii) by notification in the Gazette.

(2) The Minister may create the easement on such terms, and subject to such conditions as the Minister thinks fit, including terms and conditions relating to the payment of compensation to the Crown.

(3) The benefit of an easement created under this section may be annexed to land even if, at the time the easement is created, the land is vested in the Crown.

(4) An easement created under this section is not extinguished because the land having the benefit of the easement or the burden of the easement becomes, or both become, vested in the Crown.

(5) Sections 88A and 181A of the Conveyancing Act 1919 apply to a notification or instrument purporting to create an easement under this section.

(6) Section 89 of the Conveyancing Act 1919 applies to an easement created under this section.