(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.]