16Power to create and extinguish easements etc.

16 Power to create and extinguish easements etc. S. 16(1) amended by No. 40/2022 s. 31(4)(a). S. 16(1)(a) amended by No. 40/2022 s. 31(4)(b). (a) grant to or create in favour of any person any easement over land vested in Homes Victoria for such payment and on such terms and conditions as Homes Victoria thinks fit; and S. 16(1)(b) amended by No. 40/2022 s. 31(4)(b). (b) where Homes Victoria is of the opinion that, for the proper planning and development of any area in which Homes Victoria has developed, or is developing, land, it is expedient that any street or any part of a street should be closed or that any easement or restrictive covenant should be extinguished, Homes Victoria may, subject to Part II of Schedule 2, recommend to the Governor in Council that such street or part thereof be closed or that such easement or restrictive covenant be extinguished and the Governor in Council may by Order close such street or part thereof or extinguish such easement or restrictive covenant. S. 16(2) amended by No. 40/2022 s. 31(5)(b). (2) Notwithstanding paragraph (a) of subsection (1), in any case where— S. 16(2)(a) amended by No. 40/2022 s. 31(5)(a). (a) by reason of the acquisition of any land by Homes Victoria or the vesting of any land in Homes Victoria or the operation of any Order of the Governor in Council made pursuant to this Act, it is desirable that an easement of way or of drainage or for the supply of water, gas or electricity or for sewerage services or for underground telephone services should be created appurtenant to any land not acquired by or vested in Homes Victoria (which land is hereunder called the "dominant tenement") whether or not such easement would be in substitution for any express or implied easement which is extinguished; and S. 16(2)(b) amended by No. 40/2022 s. 31(5)(a). (b) Homes Victoria certifies that provision exists or will be made for means of way or of drainage or for any such supply or services as is mentioned in paragraph (a) (as the case requires) on, over or under any land vested in Homes Victoria and in respect of which a plan of subdivision is lodged with the Registrar of Titles under section 97 of the **Transfer of Land Act 1958**— then without any further or other authority than this subsection an easement of way or of drainage or for such supply or services as is mentioned in paragraph (a) (as the case requires), so far as is necessary for the reasonable enjoyment of the dominant tenement, shall on and from the deposit of Homes Victoria's certificate with the Registrar of Titles be deemed to exist in favour of and appurtenant to the dominant tenement on, over or under the land appropriated or set apart for the appropriate purpose on that plan of subdivision. S. 16(3) amended by Nos 26/1987 s. 4, 53/1988 s. 45(Sch. 3 item 20) (as amended by No. 47/1989 s. 23(2)). (3) Where any dominant tenement referred to in subsection (2) lies within or abuts on the boundaries of the land subdivided and to which the deposited plan relates, that dominant tenement may be numbered consecutively with the allotment or lot in that subdivision as though it were included therein and for the purposes of section 97(4) of the **Transfer of Land Act 1958** shall be deemed to be an allotment in that subdivision. S. 16(4) amended by No. 40/2022 s. 31(6). (4) On the publication of any Order closing a street or part thereof under paragraph (b) of subsection (1) such street or part thereof (whether it is the property of the Crown or not) shall cease to be a street and thereupon all rights and interests existing or claimed as regards the land comprised therein either by the public or any person or body of persons shall cease and determine and the land shall be vested in Homes Victoria freed and discharged from all trusts, encumbrances, limitations or restrictions whatsoever. (5) On the publication of any Order extinguishing an easement or restrictive covenant under paragraph (b) of subsection (1) such easement or restrictive covenant shall cease and determine. S. 16(6) amended by No. 40/2022 s. 31(7). (6) Subject to subsection (2), any owner of land who is substantially affected by the carrying into effect of a recommendation of Homes Victoria made under paragraph (b) of subsection (1) shall be entitled to such compensation as is agreed between Homes Victoria and that owner or in default of agreement as is determined under Part XLIV of the **Local Government Act 1958** and that Part shall with such adaptations as are necessary extend and apply for the purposes of this section. (7) Part II of Schedule 2 has effect for the purposes of this section.