20Application of *Land Administration Act 1997* s. 195 to easements for pipelines etc.

##### 20. Application of *Land Administration Act 1997* s. 195 to easements for pipelines etc. (1) The provisions of section 195 of the *Land Administration Act 1997* apply to and in respect of easements in favour of a licensee acquired under any of the provisions of this Act for the purpose of the construction, maintenance and use of pipelines, for any purpose incidental to any such purpose, and for the purpose of access to pipelines in the same manner as they apply to easements in favour of the Crown. (2) For the purposes of subsection (1), an instrument does not create an easement in favour of, or operate to transfer an easement to, a licensee unless — (a) it is expressed to create the easement in favour of, or to transfer the easement to, a licensee; and (b) it bears a certificate by the Minister to that effect. (3) Where a licence — (a) expires; (b) is surrendered as to the whole or a part of the pipeline in respect of which it is in force; (c) is cancelled as to the whole or a part of the pipeline in respect of which it is in force, the Minister shall notify in writing forthwith the Registrar of Titles or the Registrar of Deeds and Transfers of the fact, according to whether the licence area or the part thereof on which is situated the whole or part of the pipeline as to which the licence has expired or was wholly or partly surrendered or cancelled — (d) is under the operation of the *Transfer of Land Act 1893* or the *Land Administration Act 1997*; or (e) is alienated from the Crown but is not under the operation of the *Transfer of Land Act 1893*. (4) On receipt of the notification pursuant to subsection (3), the Registrar of Titles or Registrar of Deeds and Transfers, as the case may be, shall duly record the notification or cause it to be recorded; and thereupon any easement that has been recorded under section 19(4) over the licence area or the part thereof to which the notification relates, is, by force of this Act, extinguished and no compensation is payable in respect thereof. (5)(a) Where a transfer of a licence is registered under section 44, the Minister shall notify forthwith in writing the Registrar of Titles or Registrar of Deeds and Transfers. (b) Upon receipt of such notification the Registrar of Titles or Registrar of Deeds and Transfers shall duly record on the document of title, in the Register of Deeds or in the appropriate register, as the case requires, that any easement that has been recorded under section 19(4) thereon or therein over the licence area or part thereof, has been transferred to the registered holder and thereupon, by force of this Act, the easement vests in the registered holder. (6)(a) Any person in possession of any deed, certificate or other instrument evidencing the title to any land over which any such easement as is referred to in subsection (4) is registered shall, upon receiving notice from the Registrar of Titles or Registrar of Deeds and Transfers, deliver up to him such deed, certificate or instrument for the purpose of recording the extinguishment of the easement or the vesting of it in the registered holder, pursuant to this section, as the case may require. (b) A person who fails to so deliver up any such deed, certificate or instrument after receiving a notice to do so is guilty of an offence against this Act. Penalty for an offence under subsection (6)(b): a fine of $500. [Section 20 amended: No. 12 of 1990 s. 127; No. 31 of 1997 s. 77(5)‑(8); No. 42 of 2010 s. 182(2); No. 47 of 2011 s. 16.]