Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 136C

136C .         Notation of easements on subdivision plans

        (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.]



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