Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 45

Effect on easements for public utilities

45. Effect on easements for public utilities

Unless the planning scheme provides otherwise, any right, power or interest
which a municipal council or a public authority had in the road in connection
with any drains, pipes, wires or cables laid or erected in, on or over the
road-

   (a)  is not affected by the closure of the road by an amendment to a
        planning scheme; and

   (b)  continues in the land after it vests in any person or is sold under
        this Division; and

   (c)  may be noted by the Registrar of Titles as an encumbrance on every
        certificate of title issued as a result of this Division.