sec.369Public utility easements

### sec.369 Public utility easements A public utility easement may be registered even though it is not attached to, or used or enjoyed with, other land. A public utility easement may be registered only for the following— a right of way; drainage or sewerage; the supply of water, gas, electricity, telecommunication facilities or another public utility service; water storage; an infrastructure corridor; a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ; in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 . Also, a public utility easement may be registered in favour of a person mentioned in schedule 6 , definition public utility provider , paragraph (g) , only if the easement is for the public utility service mentioned in the paragraph. Further, a public utility easement may be registered for a right of way for the public only if— the public utility provider under the easement is the State or a local government; and use of the easement is limited to the following— pedestrians; cyclists; vehicles reasonably necessary for the building and maintenance of the easement. A registered public thoroughfare easement is taken not to be registered under this Act to the extent it— is inconsistent with the relevant provisions for the easement; or purports to provide other than for a public thoroughfare easement. Subsection (5) has effect only in relation to public utility easements registered after the commencement of this subsection. The registrar of titles may refuse to register a document purporting to create a public thoroughfare easement if the registrar is satisfied it— is to any extent inconsistent with the relevant provisions for the easement; or purports to any extent to provide other than for a public thoroughfare easement. In this section— infrastructure corridor means an infrastructure corridor under the State Development and Public Works Organisation Act 1971 , section 82 (8) . pedestrian includes— anyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995 ; and anyone or anything else whose use of an area is commonly associated with pedestrian use of the area. a child being pushed in a pram, an animal being taken on a leash relevant provisions , for a public thoroughfare easement, means the provisions about public thoroughfare easements included in— if the public utility provider under the easement is a local government—the Local Government Act 2009 ; or if the public utility provider under the easement is the State—the Transport Infrastructure Act 1994 . s 369 amd 1997 No. 28 s 295 sch 3 ; 2001 No. 33 s 15 ; 2005 No. 68 s 41 ; 2006 No. 54 s 23 ; 2008 No. 22 s 40 ; 2009 No. 17 s 331 sch 1 ; 2013 No. 23 s 100 ; 2021 No. 12 s 148 sch 3 (sec.369-ssec.1) A public utility easement may be registered even though it is not attached to, or used or enjoyed with, other land. (sec.369-ssec.2) A public utility easement may be registered only for the following— a right of way; drainage or sewerage; the supply of water, gas, electricity, telecommunication facilities or another public utility service; water storage; an infrastructure corridor; a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ; in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 . (sec.369-ssec.3) Also, a public utility easement may be registered in favour of a person mentioned in schedule 6 , definition public utility provider , paragraph (g) , only if the easement is for the public utility service mentioned in the paragraph. (sec.369-ssec.4) Further, a public utility easement may be registered for a right of way for the public only if— the public utility provider under the easement is the State or a local government; and use of the easement is limited to the following— pedestrians; cyclists; vehicles reasonably necessary for the building and maintenance of the easement. (sec.369-ssec.5) A registered public thoroughfare easement is taken not to be registered under this Act to the extent it— is inconsistent with the relevant provisions for the easement; or purports to provide other than for a public thoroughfare easement. (sec.369-ssec.6) Subsection (5) has effect only in relation to public utility easements registered after the commencement of this subsection. (sec.369-ssec.7) The registrar of titles may refuse to register a document purporting to create a public thoroughfare easement if the registrar is satisfied it— is to any extent inconsistent with the relevant provisions for the easement; or purports to any extent to provide other than for a public thoroughfare easement. (sec.369-ssec.8) In this section— infrastructure corridor means an infrastructure corridor under the State Development and Public Works Organisation Act 1971 , section 82 (8) . pedestrian includes— anyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995 ; and anyone or anything else whose use of an area is commonly associated with pedestrian use of the area. a child being pushed in a pram, an animal being taken on a leash relevant provisions , for a public thoroughfare easement, means the provisions about public thoroughfare easements included in— if the public utility provider under the easement is a local government—the Local Government Act 2009 ; or if the public utility provider under the easement is the State—the Transport Infrastructure Act 1994 . - (a) a right of way; - (b) drainage or sewerage; - (c) the supply of water, gas, electricity, telecommunication facilities or another public utility service; - (d) water storage; - (e) an infrastructure corridor; - (f) a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ; - (g) in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 . - (a) the public utility provider under the easement is the State or a local government; and - (b) use of the easement is limited to the following— (i) pedestrians; (ii) cyclists; (iii) vehicles reasonably necessary for the building and maintenance of the easement. - (i) pedestrians; - (ii) cyclists; - (iii) vehicles reasonably necessary for the building and maintenance of the easement. - (i) pedestrians; - (ii) cyclists; - (iii) vehicles reasonably necessary for the building and maintenance of the easement. - (a) is inconsistent with the relevant provisions for the easement; or - (b) purports to provide other than for a public thoroughfare easement. - (a) is to any extent inconsistent with the relevant provisions for the easement; or - (b) purports to any extent to provide other than for a public thoroughfare easement. - (a) anyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995 ; and - (b) anyone or anything else whose use of an area is commonly associated with pedestrian use of the area. Examples for paragraph (b) — a child being pushed in a pram, an animal being taken on a leash - (a) if the public utility provider under the easement is a local government—the Local Government Act 2009 ; or - (b) if the public utility provider under the easement is the State—the Transport Infrastructure Act 1994 .