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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 125A
Power of Coordinator-General to take public utility easement
125A Power of Coordinator-General to take public utility easement
(1) The Coordinator-General’s power under section 125 to take land for a
purpose mentioned in section 125 (1) , includes the power to create, by
registration under any of the following that apply to the land, a public
utility easement over the land— (a) the Land Act 1994 , chapter 6 , part 4 ,
division 8 ;
(b) the Land Title Act 1994 , part 6 , division 4 .
(2) For the
Land Act 1994 , section 369 and the Land Title Act 1994 , section 89 , the
person for whom the land is to be taken under section 125 is taken to be a
public utility provider.
(3) If the document creating the easement states the
following have been complied with to the extent they are relevant for the
taking of the easement, the easement may be registered under the Act s without
the document having been signed by the owner of the land to be burdened by the
easement— (a) section 153AH (1) ;
(b) any relevant guidelines made under
section 174 .
(4) Subsection (3) applies despite the Land Act 1994 , section
363 (1) or the Land Title Act 1994 , section 83 (1) .
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