STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 125A Power of Coordinator-General to take public utility easement

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 125A

125A Power of Coordinator-General to take public utility easement

(1) The Coordinator-General’s power under section 125 to take land for a purpose mentioned in section 125 (1) , includes the power to create, by registration under any of the following that apply to the land, a public utility easement over the land—

(a) the Land Act 1994 , chapter 6 , part 4 , division 8 ;

(b) the Land Title Act 1994 , part 6 , division 4 .

(2) For the Land Act 1994 , section 369 and the Land Title Act 1994 , section 89 , the person for whom the land is to be taken under section 125 is taken to be a public utility provider.

(3) If the document creating the easement states the following have been complied with to the extent they are relevant for the taking of the easement, the easement may be registered under the Act s without the document having been signed by the owner of the land to be burdened by the easement—

(a) section 153AH (1) ;

(b) any relevant guidelines made under section 174 .

(4) Subsection (3) applies despite the Land Act 1994 , section 363 (1) or the Land Title Act 1994 , section 83 (1) .