61Power to create easements, easements in gross, covenants

61 Power to create easements, easements in gross, covenants and covenants in gross (1) The Minister may grant a lease or an estate in fee simple in Crown land subject to: (a) a reservation of an easement or easement in gross; or (b) a covenant or covenant in gross. (2) If the lease so provides, either expressly or by term implied by or under an Act (including an Act that has subsequently been repealed), the Minister may: (a) grant an easement or easement in gross over the leased land; or (b) create a covenant or covenant in gross affecting the leased land, at any time during the term of the lease. (3) The Minister may at any time confer on the holder of a lease of Crown land, or a person to whom an estate in fee simple in Crown land has been granted, the benefit of: (a) an easement or easement in gross over Crown land that is not the subject of the lease or grant; or Crown Lands Act 1992 30 (b) a covenant or covenant in gross affecting Crown land that is not the subject of the lease or grant. (4) Subsection (4A) applies if the Minister: (a) creates an easement or easement in gross, or a covenant or covenant in gross, over Crown land, and the interest created confers a benefit referred to in subsection (2); or (b) grants a licence that provides for rights in relation to the supply of services, whether or not the licence provides for other rights in relation to other matters. (4A) The Minister must not grant a lease, or another lease, or an estate in fee simple of the land affected by the interest or the licence unless the grant is subject to: (a) a reservation from the lease or estate in fee simple of an easement or easement in gross; or (b) a covenant or covenant in gross. (4B) A reservation or covenant under subsection (4A) must be of the same nature and for the same benefit as existed before the grant of the lease, other lease or estate in fee simple. (4C) For subsection (4)(b), the nature and benefit of the reservation or covenant under subsection (4A) must be limited to rights akin to the rights in relation to the supply of services granted under the licence. (5) Nothing in this section empowers the Minister to acquire land or an interest in land.