Part 4Water disposal easement

Part 4—Water disposal easement 28—Acquisition of easement (1) The Minister is authorised to acquire an easement (the water disposal easement) for the purpose of the construction, operation and maintenance of the Scheme infrastructure as initially constructed or subsequently extended under this Act. (2) The easement will be an easement in gross and does not depend on the existence of a dominant tenement. (3) The Minister may acquire the easement pursuant to a contract with the owners of the land concerned or pursuant to the Land Acquisition Act 1969. (4) The Minister must, as soon as reasonably practicable after the easement is vested in the Minister, transfer the easement to the Trust. (5) No duty is payable under the Stamp Duties Act 1923 in respect of the transfer. 29—Rights conferred by easement (1) The easement entitles the person in whom it is vested and any person authorised by that person to use the land subject to the easement (the servient land) for the purpose of, or relating to— (a) drilling wells; and (b) laying pipes so that the uppermost surface of the pipe is at least 600 millimetres below ground level; and (c) constructing pumping stations and installing pumps and other equipment; and (d) constructing roads, buildings, structures and other works; and (e) constructing electricity transmission lines; and (f) excavating trenches; and (g) using the Scheme infrastructure to pump water in accordance with this Act and using the electricity transmission lines for the transmission of electricity; and (h) monitoring the operation of the Scheme infrastructure; and (i) inspecting, cleaning, clearing, maintaining, repairing, altering, renewing and replacing any part of the Scheme infrastructure; and (j) any other activity that is necessary or desirable for the purposes of this Act. (2) For the purposes of carrying out the Trust's functions, the Trust, or a person authorised by the Trust, may temporarily enter and occupy land adjacent to the servient land. (3) The Trust, or a person authorised by the Trust, may, for the purpose of exercising rights conferred by the easement, enter, pass over and occupy the servient land or the land referred to in subsection (2) at any time (with or without motor vehicles and other equipment). (4) A person entering land under this section must comply with the requirements of section 71. 30—Minimisation of damage etc (1) A person exercising rights under the water disposal easement must take reasonable steps— (a) to minimise damage to land or other property (including damage to pastures and native vegetation) from work or activities carried out in the exercise of rights conferred by the easement; and (b) to avoid unnecessary interference with land or other property, or the use or enjoyment of land or other property, caused by the exercise of rights under the easement. (2) A person exercising rights under the water disposal easement must not engage in activities involving substantial destruction of vegetation on the servient land unless— (a) there is no feasible way of avoiding clearance of the vegetation if rights conferred by the easement are to be effectively exercised; or (b) the Minister gives written approval for clearance of the vegetation. 31—Issue of certificate of title for water disposal easement The Registrar-General must, on application by the Trust, issue a certificate for the water disposal easement or a particular part of the easement. 32—Dealing with easement (1) The Trust must not enter into an agreement or other transaction affecting the water disposal easement without the written approval of the Minister. (2) The Registrar-General must not register any dealing with the easement without the written approval of the Minister.