61Certain rights deemed to be easements

61 Certain rights deemed to be easements

(1) If a gas company—

S. 61(1)(a) amended by Nos 91/1997
s. 26(1), 40/1998
s. 25.

(a) becomes entitled under this Act to an easement, right or privilege in, over or affecting any land which, immediately before the gas company became so entitled, was an easement, right or privilege to which GFCV, GASCOR or GTC was entitled; or

S. 61(1)(b) amended by Nos 91/1997
s. 26(2), 32/2001 s. 15(2).

(b) acquires an easement, right or privilege in, over or affecting land for the purpose of its works and undertakings under this Act that is not, and is not in any instrument, expressed to be, appurtenant to any land—

the easement, right or privilege is deemed to be an easement vested in the gas company and appurtenant to all land vested in the gas company from time to time.

S. 61(1A) inserted by No. 31/1995
s. 37(2).

(1A) The easement existing immediately before the commencement of section 37(2) of the Gas and Fuel Corporation (Repeal) Act 1995 over the land described in certificate of title volume 8758 folio 144 and appurtenant to the land described in certificate of title volume 7512 folio 120 is, by force of this section, an easement vested in GTC and appurtenant to all land vested in GTC from time to time.

S. 61(2) amended by No. 31/1995
s. 37(3), repealed by No. 32/2001 s. 15(3).

(3) If a gas company proposes to acquire an easement, right or privilege in, over or affecting land that would, if acquired by the gas company, be deemed to be an easement by virtue of subsection (1), the gas company may give notice in the appropriate form of its intention to acquire the easement, right or privilege to the Registrar of Titles.

(4) Section 57 of the Transfer of Land Act 1958, with such modifications as are necessary, applies in relation to a notice of intention to acquire given under subsection (3) as if—

(a) a reference in that section to an acquiring authority included the gas company;

(b) a reference in that section to a proposal to acquire any land included a reference to a proposal to acquire the right or privilege to which the notice given under subsection (3) relates;

(c) a reference in that section to a notice of intention to acquire included a notice of intention to acquire given under subsection (3); and

(d) subsection (1) of that section did not form part of that section.

S. 62 amended by No. 46/1998
s. 7(Sch. 1), repealed by No. 32/2001 s. 15(4).

Ss 62A-62E inserted by No. 31/1995 s. 38 (as amended by No. 74/2000 s. 3(Sch. 1 item 56), repealed by No. 73/2005 s. 4(Sch. 2 item 3.6).