New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 21A

21A Extinguishment of easements etc after variation of licence area

(1) The Minister shall, by notification published in the Gazette as soon as practicable after the granting of an application under section 18 for the variation of a licence area by excluding lands from the licence area, declare that:

(a) such easements as may be specified in the notification (being easements specified in the licence in respect of the excluded lands) are extinguished, and

(b) such restrictions as to user as may be specified in the notification (being restrictions that have effect pursuant to section 21 in respect of the lands the subject of the extinguished easements) shall cease to have effect,

according to the tenor of the notification.

(2) Upon publication of a notification under subsection (1):

(a) the easements specified in the notification, to the extent to which they subsisted immediately before the date of the notification, are extinguished, and

(b) the restrictions as to user specified in the notification, to the extent to which they had effect immediately before the date of the notification, shall cease to have effect,

according to the tenor of the notification.

(3) Where, by operation of subsection (2):

(a) any easement over land under the provisions of the Real Property Act 1900 is extinguished, or

(b) any restriction as to user in respect of any such land ceases to have effect,

the licensee shall forthwith:

(c) notify the owner of the land of that fact, and

(d) request the Registrar-General to notify that fact on the relevant folio of the Register kept pursuant to that Act.

Maximum penalty: 10 penalty units.