(1) A proprietor of
land that is a subject of a plan may note, in an approved form, on the plan
the location of an easement to which the land is proposed to be subject.
(2) An easement cannot
be noted on a plan unless the land to be burdened by the easement is a subject
of the plan but any land to be benefited by the easement need not be a subject
of the plan.
(3) An easement for
the benefit of —
(a) the
local government in whose district the land is situated; or
(b) a
public authority,
may be noted on a plan
under this section notwithstanding that the benefit of the easement would not
be in respect of land.
(4) Where an easement
is noted on a plan in accordance with this section an instrument in an
approved form may, but need not, be lodged in relation to the plan unless,
under subsection (6), certain information is required to be specified in an
instrument and where an instrument is lodged the prescribed fee shall be paid
for the lodgment of the instrument.
(5) The following
information about the easement shall, subject to subsection (6), be specified
in either the plan or in an instrument lodged in relation to the plan, or in
both the plan and the instrument —
(a) the
land to be burdened by the easement; and
(b)
either —
(i)
the land to be benefited; or
(ii)
the name of the local government or the public authority
to be benefited,
by the easement, as
the case may be; and
(c) a
description of the easement, whether by way of a short form, a modified or
supplemented short form or in another manner; and
(d) if
the easement is for a particular term, the duration of the term; and
(e) any
prescribed matter.
(6) The Registrar may
issue directions to the effect that any information referred to in subsection
(5) is to be specified in either the plan or in an instrument lodged in
relation to the plan, or in both the plan and the instrument and any such
direction shall be published in a document a copy of which is available to the
public free of charge.
[Section 136C inserted: No. 81 of 1996 s. 81;
amended: No. 6 of 2003 s. 44.]