LAND ADMINISTRATION ACT 1997 - SECT 150
LAND ADMINISTRATION ACT 1997 - SECT 150
150 . Easements no longer serving any purpose, cancelling
(1) When an easement
is registered in respect of Crown land —
(a) any
management body or lessee of the Crown land; or
(b) any
other person having any interest or right in the Crown land,
may request the
Minister by order to cancel the easement because it no longer serves any
purpose.
(2) On receiving a
request made under subsection (1), the Minister must, if the Minister intends
to comply with that request, serve notice of that intention on —
(a) the
grantee of the easement concerned, or the person in whose favour it was
created, as the case requires; and
(b) any
other person who appears to have an estate or interest in land that comprises
a dominant tenement benefiting from the easement concerned; and
(c) the
Registrar.
(3) A notice served
under subsection (2) must be dated, and must include or contain a copy of a
plan of survey or sketch plan showing the relevant easement.
(4) An entry made in
the Register recording that a notice was served under subsection (2) on a
person whose address appears in the Register and the date of that service is
—
(a)
admissible in evidence in any proceedings; and
(b) in
the absence of evidence to the contrary, proof of the facts so recorded.
(5) The Minister may,
if the Minister is satisfied after making all reasonable inquiries that the
easement the subject of that request no longer serves any purpose —
(a) by
order cancel that easement; and
(b)
advise in writing each person on whom notice was served under subsection (2)
of the making of that order.
[Section 150 amended: No. 4 of 2023 s. 75 and 92]