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TRANSPORT INTEGRATION ACT 2010 - SECT 64H Easements

TRANSPORT INTEGRATION ACT 2010 - SECT 64H

Easements



S. 64H(1) amended by No. 49/2019 s. 70(a).

    (1)     If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Head, Transport for Victoria, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Head, Transport for Victoria that is in fact benefited or capable of being benefited by that right.

S. 64H(2) amended by No. 49/2019 s. 70(b).

    (2)     If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Head, Transport for Victoria—

        (a)     the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and

        (b)     the holder of any relevant certificate of title must deliver it to the Registrar of Titles.

S. 64H(3) amended by No. 49/2019 s. 70(b).

    (3)     Subsection (2) does not apply to an easement acquired compulsorily by the Head, Transport for Victoria.

S. 64I (Heading) amended by No. 49/2019 s. 71(1).

S. 64I inserted by No. 3/2017 s. 3.