sec.83Registration of easement

### sec.83 Registration of easement An instrument of easement may be registered only if— for an easement, other than a high-density development easement, over a part of a lot—a plan of survey designating the easement is registered; and it is signed by— the registered owner of the lot or lessee of the registered lease to be burdened; and if the easement benefits another lot—the registered owner of the lot; and if the easement benefits a registered lease—the lessee; and if the easement benefits non-freehold land—the lessee or other person entitled to the land; and if the easement is a public utility easement—the public utility provider. If, under the Planning Act , the creation of an easement giving access to a lot from a constructed road is the reconfiguring of a lot, the plan of survey must be approved by— if the lot is in a priority development area—MEDQ; or if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government. However, subsection (2) (a) applies to a plan of survey only if it is a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) . Also, subsection (2) (b) applies to a plan of survey only if it is a plan for which a process for approving the plan is provided under the Planning Act . s 83 sub 1997 No. 78 s 84 amd 2001 No. 29 s 17 ; 2007 No. 41 s 240 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 21 s 23 ; 2012 No. 43 s 221 sch 1 ; 2013 No. 23 s 122 ; 2014 No. 40 s 154 s ch 1 pt 1 ; 2016 No. 27 s 295 (sec.83-ssec.1) An instrument of easement may be registered only if— for an easement, other than a high-density development easement, over a part of a lot—a plan of survey designating the easement is registered; and it is signed by— the registered owner of the lot or lessee of the registered lease to be burdened; and if the easement benefits another lot—the registered owner of the lot; and if the easement benefits a registered lease—the lessee; and if the easement benefits non-freehold land—the lessee or other person entitled to the land; and if the easement is a public utility easement—the public utility provider. (sec.83-ssec.2) If, under the Planning Act , the creation of an easement giving access to a lot from a constructed road is the reconfiguring of a lot, the plan of survey must be approved by— if the lot is in a priority development area—MEDQ; or if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government. (sec.83-ssec.3) However, subsection (2) (a) applies to a plan of survey only if it is a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) . (sec.83-ssec.4) Also, subsection (2) (b) applies to a plan of survey only if it is a plan for which a process for approving the plan is provided under the Planning Act . - (a) for an easement, other than a high-density development easement, over a part of a lot—a plan of survey designating the easement is registered; and - (b) it is signed by— (i) the registered owner of the lot or lessee of the registered lease to be burdened; and (ii) if the easement benefits another lot—the registered owner of the lot; and (iii) if the easement benefits a registered lease—the lessee; and (iv) if the easement benefits non-freehold land—the lessee or other person entitled to the land; and (v) if the easement is a public utility easement—the public utility provider. - (i) the registered owner of the lot or lessee of the registered lease to be burdened; and - (ii) if the easement benefits another lot—the registered owner of the lot; and - (iii) if the easement benefits a registered lease—the lessee; and - (iv) if the easement benefits non-freehold land—the lessee or other person entitled to the land; and - (v) if the easement is a public utility easement—the public utility provider. - (i) the registered owner of the lot or lessee of the registered lease to be burdened; and - (ii) if the easement benefits another lot—the registered owner of the lot; and - (iii) if the easement benefits a registered lease—the lessee; and - (iv) if the easement benefits non-freehold land—the lessee or other person entitled to the land; and - (v) if the easement is a public utility easement—the public utility provider. - (a) if the lot is in a priority development area—MEDQ; or - (aa) if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or - (b) otherwise—the relevant local government.