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LAND ACT 1994 - SECT 372
End and continuation of easements
372 End and continuation of easements
(1) An easement over land granted in trust, a lease, a licence or a reserve
ends when the deed of grant in trust, lease or licence ends or the dedication
of the reserve is revoked.
(2) However, with the Minister’s written
approval, a public utility easement may continue over unallocated State land
when the deed of grant in trust, lease or licence ends or the dedication of
the reserve is revoked.
(3) Also, with the Minister’s written approval, a
public utility easement that burdens a State lease over a reserve may continue
over the reserve when the State lease ends.
(4) An easement over a sublease
ends when the sublease ends.
(5) If freehold land is subject to a public
utility easement and the land is surrendered, the easement may continue, with
the Minister’s written approval, over the resulting unallocated State land.
(6) If a public utility easement continues over unallocated State land or a
reserve, the continuation must be recorded in the appropriate register.
(7)
If unallocated State land, over which there is a public utility easement, is
dealt with under this Act— (a) the Minister may approve the easement
continue; and
(b) if approved—the continuation of the easement must be
recorded in the appropriate register.
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