PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 437A Creation of easement by registration

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 437A

437A Creation of easement by registration

(1) An easement over pipeline land or public land may be created for a pipeline licence holder by registering a document creating the easement under the Land Act 1994 or an instrument of easement under the Land Title Act 1994 .

(2) Subsection (1) —

(a) applies even though the easement is not attached to, or used or enjoyed with, other land; and

(b) is subject to—

(i) the Land Act 1994 , other than section 369 (2) ; and

(ii) the Land Title Act 1994 , other than section 89 (2) .

(3) The Land Act 1994 , chapter 6 , part 4 , division 8 or the Land Title Act 1994 , part 6 , division 4 applies to the easement as if—

(a) it were a public utility easement; and

(b) the pipeline licence holder were a public utility provider; and

(c) if the land is forest land—

(i) a reference in the Land Act 1994 , sections 362 (1) , 363 (1) (c) and 369A (1) to the Minister were a reference to the Minister administering the Forestry Act 1959 , part 4 ; and

(ii) the owner of the land were the chief executive of the department administering the Forestry Act 1959 , part 4 .

Note—

Under the Land Act 1994 , section 363 (4) , the owner of a reserve or of unallocated State land for the purpose of consenting to the creation of an easement is the State.

(4) This section applies despite the Forestry Act 1959 , section 26 (1A) .

(5) In this section—


"forest land" means land that is a State forest or timber reserve under the Forestry Act 1959 .