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Law of Property Act 2000
163Definitions and application
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163 Definitions and application
(1) In this Division:
owner includes a person interested (whether presently,
contingently or otherwise) in land.
dominant land means land to which the right of a statutory right of
user is or will be annexed.
servient land means land the use of which is or will be authorised
by a statutory right of user.
statutory right of user includes:
(a) a right of way or a right in the nature of a right of way over
(b) a right of access to land;
(c) a right of entry onto land; and
(d) a right to carry and place a utility on, over, across, through,
above or under land.
Law of Property Act 2000 108
utility includes an electricity, gas, power, telephone, water,
drainage, sewerage and other service pipe or line, together with all
facilities and structures reasonably incidental to the utility.
(2) This Division does not apply to:
(a) Crown lands within the meaning of section 3 of the Crown
Lands Act 1992;
(b) an estate in fee simple owned by the Commonwealth;
(c) reserved or dedicated lands; or
(d) Aboriginal land within the meaning of section 3(1) of the
Aboriginal Land Rights (Northern Territory) Act 1976 of the
Commonwealth.