Queensland Consolidated Acts

LAND ACT 1994 - SECT 369B

369B Transfer of benefited land

(1) This section applies if—

(a) land burdened by an easement is unallocated State land or a reserve; and

(b) the document creating the easement includes a provision (the
"power of attorney provision" ) appointing the grantor of the easement the attorney of the grantee of the easement, including for the purpose of surrendering the easement if circumstances stated in the document happen; and

(c) since the easement was created, the person (the
"original owner" ) who was the owner of the land benefited by the easement when the easement was created has not always been the owner of the land, whether or not the original owner is now the owner of the land.

(2) The power of attorney provision binds the current owner of the land benefited by the easement, whether or not, since the easement was created, the current owner of the land has always been the owner of the land.

(3) In this section—

"current owner" , of land, means the person who is now the owner of the land.

"owner" , of land, includes—

(a) for land granted in trust—the trustee of the land; and

(b) otherwise—a registered owner, lessee or licensee of the land.