12Noting of easements and wayleaves in certain registers

12 Noting of easements and wayleaves in certain registers

(1)  On the application of an electricity entity that has a notable interest in respect of registered land, the Recorder of Titles must note the notable interest on each folio of the Register affected by the notable interest but need not note it on certificates of title so affected.

(2)  The application –

(a) need not include a plan of the notable interest; but

(b) must include a list of all folios of the Register affected by the notable interest.

(3)  The Recorder of Titles may remove from a folio of the Register a note of a notable interest or vary such a note –

(a) on the application of the relevant electricity entity; or

(b) if the Recorder is satisfied that the electricity entity failed to notify the registered proprietor as required by subsection (5) ; or

(c) for any other reason the Recorder considers appropriate.

(4)  An electricity entity that has a notable interest in respect of land that is not registered land may register under the Registration of Deeds Act 1935 a note of –

(a) the notable interest; and

(b) the variation of the notable interest; and

(c) the cessation of the notable interest.

(5)  At least 30 days before an electricity entity lodges an application under subsection (1) or subsection (3)(a) , or a note for registration under subsection (4) , it must serve written notice of its intention to do so on the registered proprietor or the owner of land affected by the easement or unregistered wayleave that constitutes the notable interest.

(6)  Subsection (5) does not apply to the lodgment of a note for registration under subsection (4) if the electricity entity is unable, after making a reasonable attempt, to determine the identity or address of the affected owner of land.