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PLANNING AND DEVELOPMENT ACT 2005 - SECT 167

PLANNING AND DEVELOPMENT ACT 2005 - SECT 167

167 .         Easement, creation of etc. on subdivision etc.

        (1)         Where —

            (a)         a diagram or plan of survey of a subdivision, or a scheme plan lodged for registration under the Strata Titles Act 1985 , is received by the Authority; and

            (b)         it is shown on the plan or diagram that any land comprised in the diagram or plan is subject to or intended to be subject to an easement in favour of —

                  (i)         the local government in whose district the land is situated, for the purposes of sewerage or drainage or access to sewerage or drainage works; or

                  (ii)         a licensee as defined in the Water Services Act 2012 section 3(1), for the purpose of water supply, sewerage, irrigation or drainage works or access to water supply, sewerage, irrigation or drainage works; or

                  (iii)         the holder of a licence under the Electricity Industry Act 2004 for the purpose of the supply of electricity or access to electricity supply works; or

                  (iv)         the holder of a distribution licence under the Energy Coordination Act 1994 for the purpose of the supply of gas, or access to gas supply works, under the authority of that licence; or

                  (v)         any holder of a licence under a written law for the purpose of the supply of a utility service or access to a utility service, under the authority of that licence,

                the land becomes subject to an easement in favour of the person or authority mentioned on the plan or diagram for the purpose mentioned on the diagram or plan —

            (c)         in the case of a scheme plan lodged for registration under the Strata Titles Act 1985 , at the time the Registrar of Titles registers the plan under that Act; and

            (d)         in any other case, at the time the new certificate, or if more than one, all the new certificates, for the land the subject of the diagram or plan have been registered under the Transfer of Land Act 1893 .

        (2)         An easement in favour of a person or authority for any purpose, to which any land is subject by virtue of this section, gives that person or authority such rights, powers and privileges as are prescribed in respect of an easement in favour of that person or authority for that purpose.

        (3)         If, by virtue of this section, any land is subject to an easement, the Registrar of Titles is to make all such entries or endorsements, or register any such memorial, as may be necessary or proper to evidence that the land is so subject, and, for the purpose of making any such entry or endorsement or registering any such memorial, it is sufficient description of the easement if reference is made to this section.

        (4)         Where, by virtue of this section, any land is subject to an easement in favour of a person or authority for any purpose, the Registrar of Titles may, by order made —

            (a)         upon application in writing by the person or authority; and

            (b)         with the consent in writing of all persons having a registered interest in the land,

                vary or extinguish the easement and upon such variation or extinction, the Registrar of Titles is to make all such entries or endorsements, or register any such memorial, as may be necessary or proper to evidence the variation or extinction.

        (5)         The purpose of an easement in favour of a person or authority is to be taken to be varied if —

            (a)         the prescribed circumstances set out in the regulations occur; and

            (b)         the person or authority gives written consent to that variation,

                and the Registrar of Titles is to make all such entries or endorsements, or register any such memorial, as may be necessary or proper to evidence the variation.

        [Section 167 amended: No. 60 of 2006 s. 147(6); No. 25 of 2012 s. 222(3); No. 30 of 2018 s. 168.]