New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 35UB

35UB Fencing easements to be created

(1) This section applies to land situated within the prescribed distance of the fenced portion of the State boundary.

(2) The Minister may, by notice published in the Gazette, declare that the following easements are vested in the Wild Dog Destruction Board over land to which this section applies:

(a) an easement for repairs in relation to the Border Fences,

(b) a right of access in relation to the Border Fences,

(c) such other easements as are appropriate to the maintenance of those fences and that right of access.

(3) The power conferred on the Minister by subsection (2) may only be exercised in relation to freehold land with the consent of each person having an estate or interest in that land.

(4) On publication of the notice, each easement specified in the notice is vested in the Wild Dog Destruction Board to the extent to which it was not so vested immediately before publication.

(5) If, by the operation of subsection (4), an easement over land under the provisions of the Real Property Act 1900 becomes vested in the Wild Dog Destruction Board, the Board must forthwith make a request to the Registrar-General under section 46C of the Real Property Act 1900 in relation to the easement.

(6) On receipt of a request under section 46C of the Real Property Act 1900 in relation to any such easement, the Registrar-General may record, in any folio of the Register kept under that Act for land affected by the creation of the easement, such particulars as the Registrar-General considers appropriate.

(7) Section 89 of the Conveyancing Act 1919 does not apply to an easement created under this section.

(8) In this section, "prescribed distance" means 100 metres or such greater distance (not exceeding 200 metres) as the regulations may specify in relation to the whole or any part of the fenced portion of the State boundary.