36Implied covenants

#### 36 Implied covenants 36 Implied covenants > An association, owner of land or service provider, having the benefit of a statutory easement is subject to the following covenants— > > > (a) the rights under the easement will be exercised in a way that— > > > > > (i) will not unreasonably interfere with the use and enjoyment by any other owner of land burdened by the easement, and > > > > > (ii) will ensure any interference with the use and enjoyment of community, precinct or neighbourhood property by owners or occupiers of lots will be kept to a minimum, > > > (b) the person exercising the rights under the easement will make good, at the person’s own expense, any damage to, or interference with, the parts of the scheme affected by the exercise of the rights— > > > > > (i) for land within the scheme that will include, or includes, the service line—by restoring the land to a basic standard not including the repair or restoration of unusual or expensive landscaping or other works erected over the land, and > > > > > (ii) for land within the scheme contiguous to the land referred to in subparagraph (i)—by restoring the land to its former state, > > > (c) the person exercising the rights under the easement will leave the land on which they are exercised in a clean and tidy condition on completion of the installation, maintenance or repair of any service the subject of the easement.