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Building Regulations 2018
130Report and consent for building over easements
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130 Report and consent for building over easements
(1) The report and consent of the relevant service authority must be obtained to an application for a building permit to construct a building over an easement vested in that service authority.
(2) This regulation does not apply to implied easements under the **Subdivision Act 1988**.
**Notes**
1 Section 148 of the **Water Act 1989** prohibits a person from building a structure, or placing any filling on land without the consent of the Melbourne Water Corporation or other water supply authority—
• over which an easement exists either in favour of a water supply authority, or for water supply, sewerage or drainage purposes; or
• within 5 m laterally of any works of the Melbourne Water Corporation; or
• within 1 m laterally of any works of any other water supply authority.
2 Section 148 of the **Water Act 1989** also prohibits the removal of any soil, rock or other matter that supports, protects or covers any [works](http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wa198983/s3.html#works) of the Melbourne Water Corporation or [water supply authority.](http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wa198983/s201.html#authority)