QLDIn ForceAct
Land Act 1994
sec.372End and continuation of easements
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### sec.372 End and continuation of easements
An easement over land granted in trust, a lease, a licence or a reserve ends when the deed of grant in trust, lease or licence ends or the dedication of the reserve is revoked.
However, with the Minister’s written approval, a public utility easement may continue over unallocated State land when the deed of grant in trust, lease or licence ends or the dedication of the reserve is revoked.
Also, with the Minister’s written approval, a public utility easement that burdens a State lease over a reserve may continue over the reserve when the State lease ends.
An easement over a sublease ends when the sublease ends.
If freehold land is subject to a public utility easement and the land is surrendered, the easement may continue, with the Minister’s written approval, over the resulting unallocated State land.
If a public utility easement continues over unallocated State land or a reserve, the continuation must be recorded in the appropriate register.
If unallocated State land, over which there is a public utility easement, is dealt with under this Act—
the Minister may approve the easement continue; and
if approved—the continuation of the easement must be recorded in the appropriate register.
s 372 amd 2004 No. 4 s 40 ; 2005 No. 68 s 43 ; 2007 No. 19 s 175 ; 2017 No. 10 s 16
(sec.372-ssec.1) An easement over land granted in trust, a lease, a licence or a reserve ends when the deed of grant in trust, lease or licence ends or the dedication of the reserve is revoked.
(sec.372-ssec.2) However, with the Minister’s written approval, a public utility easement may continue over unallocated State land when the deed of grant in trust, lease or licence ends or the dedication of the reserve is revoked.
(sec.372-ssec.3) Also, with the Minister’s written approval, a public utility easement that burdens a State lease over a reserve may continue over the reserve when the State lease ends.
(sec.372-ssec.4) An easement over a sublease ends when the sublease ends.
(sec.372-ssec.5) If freehold land is subject to a public utility easement and the land is surrendered, the easement may continue, with the Minister’s written approval, over the resulting unallocated State land.
(sec.372-ssec.6) If a public utility easement continues over unallocated State land or a reserve, the continuation must be recorded in the appropriate register.
(sec.372-ssec.7) If unallocated State land, over which there is a public utility easement, is dealt with under this Act— the Minister may approve the easement continue; and if approved—the continuation of the easement must be recorded in the appropriate register.
- (a) the Minister may approve the easement continue; and
- (b) if approved—the continuation of the easement must be recorded in the appropriate register.