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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.]