40Additional powers of Court—provision of easements

#### 40 Additional powers of Court—provision of easements 40 Additional powers of Court—provision of easements > > (1) This section applies if— > > > > > (a) the Court has determined to grant or modify a development consent pursuant to proceedings on an appeal under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (b) proceedings on an appeal under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) with respect to the granting or modification of a development consent are pending before the Court (whether constituted by a Judge or by one or more Commissioners). > > > (2) The appellant may make an application to the Court for an order imposing an easement over land. > > > (3) The parties to an application under this section include the owner of the land to be burdened by the easement, and each other person having an estate or interest in the land, as evidenced by an instrument registered in the General Register of Deeds or the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > > (4) In dealing with an application under this section, the Court may exercise the jurisdiction of the Supreme Court under section 88K of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) and, in that event, section 88K of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) applies to the Court’s exercise of that jurisdiction in the same way as it applies to the exercise of that jurisdiction by the Supreme Court. > > **s 40:** Am 1993 No 32, Sch 2; 1994 No 32, Sch 3. Subst 2002 No 76, Sch 1 \[12\]; 2008 No 53, Sch 13 \[9\]; 2008 No 107, Sch 14 \[9\].