Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The registrar-general may register an easement in gross, being an easement that does not benefit any land and is registered in favour of 1 of the following:
(a) the Territory or a body corporate established by or under a Territory law;
(b) the Commonwealth or a body corporate established by or under a Commonwealth law;
(c) a State or another Territory or a body corporate established by or under a law of the State or other Territory;
(d) a person who is providing a public utility service in the ACT.
(2) Where the business of providing a public utility service is transferred, the registrar-general may, on application by the transferee, register the transfer of the benefit of any public utility easement in respect of that business or all such easements, to the transferee.
Note 1 A fee may be determined under s 139 (Determination of fees, charges and other amounts) for lodgment of an application for transfer.
Note 2 If a form is approved under s 140 (Approved forms) for an application, the form must be used.
(3) Where—
(a) a public utility easement is registered in favour of a person or body; and
(b) the person or body ceases to provide the public utility service for the purposes of which the easement was registered;
the easement shall—
(c) on application by the transferee under subsection (2), be registered in the name of the person or body to whom the business of providing that service is transferred; or
(d) where the transfer of the easement has not been so registered within 30 days of the transfer of the business or where there is no such transferee—shall be extinguished.
(4) In this section:
"public utility easement", in relation to a business providing a public utility service, means an easement registered in the name of a person or body for the purposes of that business.