Northern Territory Consolidated Acts

PLANNING ACT - SECT 64

(1) If a plan of survey approved under section 49(3) of the Licensed Surveyors Act for the subdivision or consolidation of land is lodged for registration, as a plan of subdivision, under section 51 of the Land Title Act with the Registrar-General and is registered:

(a) all land shown on the plan of survey as a road, street, passage, court, alley, thoroughfare or cul-de-sac vests in fee simple in the Territory and vests, for the purpose specified in the plan of survey, in the service authority specified in the plan of survey under subsection (4); or

(b) all land shown on the plan of survey as a square, park, water or drainage reserve, reserve or other similar open space vests in fee simple in the service authority specified in the plan of survey under subsection (4),

by virtue of this section and without further assurance, freed and discharged of all interests, trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates of any kind.

(2) If a plan of survey referred to in subsection (1) is registered under the Land Title Act , the Registrar-General must make the entries that he or she thinks necessary for the purpose of recording in the Register kept under the Land Title Act , in relation to the affected land:

(a) that the plan of survey has been deposited and registered; or

(b) the vesting of the land under subsection (1).

(3) A road, street, passage, court, alley, thoroughfare or cul-de-sac vested under subsection (1) is a road within the meaning and for the purposes of the Control of Roads Act and the Local Government Act .

(4) A plan of survey referred to in subsection (1) may indicate that land delineated in it is subject to or intended to be subject to an easement or covenant in favour of a specified service authority.

(5) If a plan of survey referred to in subsection (1) indicates an intended easement or covenant in favour of a specified service authority and describes it by a description specified in the Schedule or in a regulation made for the purposes of this section then, on the registration of the plan of subdivision under the Land Title Act :

(a) the intended easement or covenant is to be an easement or covenant although it may be an easement in gross or a covenant in gross; and

(b) without limiting the power that it may have under any other law in force in the Territory, the service authority:

(i) is to have the use and benefit of the easement or covenant for the purposes; and

(ii) has for itself and its agents, servants and workmen all the powers,

specified in Schedule 3 to the Law of Property Act or that regulation, as the case may be, in relation to that easement or covenant.

(6) If, by virtue of this section, land is the subject of an easement or covenant, the Registrar-General must make the entries in relation to the land in the Register kept under the Land Title Act that he or she thinks necessary to evidence the easement or covenant.

(7) If:

(a) a pipe, duct, wire, pole or other thing that is attached to or constructed on, under or above the surface of, land is, by virtue of this section, subject to an easement; and

(b) it was attached to the land or constructed for or in relation to a purpose described in the Schedule or a regulation made for the purposes of this section,

it is not to be taken to be a fixture to the land for the purpose of giving the proprietor of the land a proprietary interest in it.

(8) A service authority that is the proprietor of an easement referred to in this section may allow any other person, himself or herself or by his or her employees, agents or workers, to enter on and do anything on the land subject to the easement that the proprietor of the easement can do as the proprietor.

(9) A proprietor of land on which is located an easement referred to in this section must not hinder or obstruct a person entering on or doing anything on the land in pursuance of the authority of the service authority.

(10) For the purposes of this section, service authority includes a person declared to be a service authority under subsection (11).

(11) The Minister may, by notice in the Gazette , declare a person to be a service authority for the purposes of this section.