171ATransfer of easements to utilities or transport bodies

171A Transfer of easements to utilities or transport bodies

(1) A project authority may transfer an easement vested in the project authority that is project land—

(a) to a utility for the purposes of relocating utility infrastructure as a result of an approved project; or

(b) to a transport body, if that body is capable of holding an easement under another Act.

(2) A project authority, on behalf of the Crown, may transfer an easement vested in the Crown that is project land—

(a) to a utility for the purposes of relocating utility infrastructure as a result of an approved project; or

(b) to a transport body, if that body is capable of holding an easement under another Act.

(3) The project authority must consult the relevant utility or transport body before transferring an easement under this section.

(4) An easement is to be transferred under this section on the terms and conditions determined by the project authority.

(5) An easement that is or purports to be transferred to a utility or transport body under this section is taken to be an easement even though there is no land of the utility or transport body that is benefitted by or capable of being benefitted by the easement.

S. 171A(5A) inserted by No. 48/2024 s. 24.

(5A) On the transfer of an easement to a utility or transport body under this section, the benefit of the easement vests in the utility or transport body.

(6) In this section, a reference to the transfer of an easement includes a reference to the transfer of a right that is taken under this Act to be an easement.

utility includes an entity (whether publicly or privately owned) that provides, or intends to provide, telecommunications services under the authority of an enactment or a law of the Commonwealth.

Subdivision 2—Licences

S. 172 amended by No. 43/2021 s. 197.