Economic Development Act 2012
sec.51AVRegistration of public thoroughfare easement under Land Title Act 1994
Start here
Get a plain-English read of sec.51AV
Turn the raw legal text into a practical explanation grounded in Economic Development Act 2012.
sec.51AV Registration of public thoroughfare easement under Land Title Act 1994
This section applies in relation to an instrument of easement— over freehold land that is in a priority development area or is PDA-associated land for a priority development area; and for a right of way for the public; and in favour of a local government. The Land Title Act 1994 , section 89 (6) does not apply in relation to the registration under that Act of the instrument of easement. If the instrument of easement may, but for subsection (2) , be refused registration under the Land Title Act 1994 , section 89 (6) — the easement created on registration of the instrument is taken to be a public thoroughfare easement under that Act; and section 89 (4) of that Act does not apply to the easement. s 51AV ins 2019 No. 11 s 76 (sec.51AV-ssec.1) This section applies in relation to an instrument of easement— over freehold land that is in a priority development area or is PDA-associated land for a priority development area; and for a right of way for the public; and in favour of a local government. (sec.51AV-ssec.2) The Land Title Act 1994 , section 89 (6) does not apply in relation to the registration under that Act of the instrument of easement. (sec.51AV-ssec.3) If the instrument of easement may, but for subsection (2) , be refused registration under the Land Title Act 1994 , section 89 (6) — the easement created on registration of the instrument is taken to be a public thoroughfare easement under that Act; and section 89 (4) of that Act does not apply to the easement.
- (a) over freehold land that is in a priority development area or is PDA-associated land for a priority development area; and
- (b) for a right of way for the public; and
- (c) in favour of a local government.
- (a) the easement created on registration of the instrument is taken to be a public thoroughfare easement under that Act; and
- (b) section 89 (4) of that Act does not apply to the easement.