New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 56

56 Creation of easements for public access

(1) There shall be an easement called an easement for public access.

(2) An easement for public access may be created for the benefit of the Crown without a dominant tenement.

(3) An easement for public access may be created:

(a) over Crown land proposed to be sold under this Act-by the Minister at any time before the sale,

(a1) over land dedicated under this Act for a public purpose-by the Minister,

(a2) over Crown land authorised to be sold or transferred by the Minister under any other Act-by the Minister at any time before the sale or transfer,

(b) over land held under lease from the Crown-by the Minister with the consent of the lessee, or

(c) over freehold land-by the owner.

(4) An easement for public access may be created:

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

(b) if the land is not subject to the provisions of the Real Property Act 1900 -in the way provided in section 88B of the Conveyancing Act 1919 .

(5) An easement for public access may be defined by reference to a natural or physical feature as it exists from time to time.