sec.437ACreation of easement by registration

### sec.437A Creation of easement by registration An easement over pipeline land or public land may be created for a pipeline licence holder by registering a document creating the easement under the Land Act 1994 or an instrument of easement under the Land Title Act 1994 . Subsection (1) — applies even though the easement is not attached to, or used or enjoyed with, other land; and is subject to— the Land Act 1994 , other than section 369 (2) ; and the Land Title Act 1994 , other than section 89 (2) . The Land Act 1994 , chapter 6 , part 4 , division 8 or the Land Title Act 1994 , part 6 , division 4 applies to the easement as if— it were a public utility easement; and the pipeline licence holder were a public utility provider; and if the land is forest land— a reference in the Land Act 1994 , sections 362 (1) , 363 (1) (c) and 369A (1) to the Minister were a reference to the Minister administering the Forestry Act 1959 , part 4 ; and the owner of the land were the chief executive of the department administering the Forestry Act 1959 , part 4 . Under the Land Act 1994 , section 363 (4) , the owner of a reserve or of unallocated State land for the purpose of consenting to the creation of an easement is the State. This section applies despite the Forestry Act 1959 , section 26 (1A) . In this section— forest land means land that is a State forest or timber reserve under the Forestry Act 1959 . s 437A ins 2012 No. 20 s 109 (sec.437A-ssec.1) An easement over pipeline land or public land may be created for a pipeline licence holder by registering a document creating the easement under the Land Act 1994 or an instrument of easement under the Land Title Act 1994 . (sec.437A-ssec.2) Subsection (1) — applies even though the easement is not attached to, or used or enjoyed with, other land; and is subject to— the Land Act 1994 , other than section 369 (2) ; and the Land Title Act 1994 , other than section 89 (2) . (sec.437A-ssec.3) The Land Act 1994 , chapter 6 , part 4 , division 8 or the Land Title Act 1994 , part 6 , division 4 applies to the easement as if— it were a public utility easement; and the pipeline licence holder were a public utility provider; and if the land is forest land— a reference in the Land Act 1994 , sections 362 (1) , 363 (1) (c) and 369A (1) to the Minister were a reference to the Minister administering the Forestry Act 1959 , part 4 ; and the owner of the land were the chief executive of the department administering the Forestry Act 1959 , part 4 . Under the Land Act 1994 , section 363 (4) , the owner of a reserve or of unallocated State land for the purpose of consenting to the creation of an easement is the State. (sec.437A-ssec.4) This section applies despite the Forestry Act 1959 , section 26 (1A) . (sec.437A-ssec.5) In this section— forest land means land that is a State forest or timber reserve under the Forestry Act 1959 . - (a) applies even though the easement is not attached to, or used or enjoyed with, other land; and - (b) is subject to— (i) the Land Act 1994 , other than section 369 (2) ; and (ii) the Land Title Act 1994 , other than section 89 (2) . - (i) the Land Act 1994 , other than section 369 (2) ; and - (ii) the Land Title Act 1994 , other than section 89 (2) . - (i) the Land Act 1994 , other than section 369 (2) ; and - (ii) the Land Title Act 1994 , other than section 89 (2) . - (a) it were a public utility easement; and - (b) the pipeline licence holder were a public utility provider; and - (c) if the land is forest land— (i) a reference in the Land Act 1994 , sections 362 (1) , 363 (1) (c) and 369A (1) to the Minister were a reference to the Minister administering the Forestry Act 1959 , part 4 ; and (ii) the owner of the land were the chief executive of the department administering the Forestry Act 1959 , part 4 . - (i) a reference in the Land Act 1994 , sections 362 (1) , 363 (1) (c) and 369A (1) to the Minister were a reference to the Minister administering the Forestry Act 1959 , part 4 ; and - (ii) the owner of the land were the chief executive of the department administering the Forestry Act 1959 , part 4 . - (i) a reference in the Land Act 1994 , sections 362 (1) , 363 (1) (c) and 369A (1) to the Minister were a reference to the Minister administering the Forestry Act 1959 , part 4 ; and - (ii) the owner of the land were the chief executive of the department administering the Forestry Act 1959 , part 4 .