LAND ADMINISTRATION ACT 1997 - SECT 196
LAND ADMINISTRATION ACT 1997 - SECT 196
196 . Public access easement, creation of etc.
(1) An easement
created under section 195 may be specified to be a public access easement.
(2) A public access
easement is a right of way for the use and benefit of the public at large.
(3) An interest in
land cannot be taken under this Part for the purpose only of creating a public
access easement.
(4) Subject to
subsection (3), a public access easement is a public work for the purposes of
this Part and Part 10.
(5) A public access
easement may be limited in any way, including, for example —
(a)
limitations on use by vehicles;
(b)
limitations by time, so that the right may only be exercised between
particular hours, at particular times of year, or on the occurrence of
particular events.
(6) A public access
easement is not a public right of way for the purposes of section 68 of the
Transfer of Land Act 1893 .
(7) For the purposes
of the Occupiers’ Liability Act 1985 , the Crown is not, and a local
government is not, an occupier of the land over which a public access easement
is granted.
(8) Any covenants in a
deed creating a public access easement are binding on successors in title to
the covenantor, unless the deed provides otherwise.
(9) A public access
easement in favour of the State of Western Australia may be varied or
surrendered on behalf of the State by a deed made by the Minister responsible
for the administration of the Planning and Development Act 2005 .
[Section 196 amended: No. 38 of 2005 s. 12.]