64Service easements

64 Service easements (1) If a plan of survey approved under section 49(3) of the Licensed Surveyors Act 1983 for the subdivision or consolidation of land is lodged for registration, as a plan of subdivision, under section 51 of the Land Title Act 2000 with the Registrar-General and is registered: (a) all land shown on the plan of survey as a road, street, passage, court, alley, thoroughfare or cul-de-sac vests in fee simple in the Territory and vests, for the purpose specified in the plan of survey, in the service authority or local government council specified in the plan of survey under subsection (4); or (b) all land shown on the plan of survey as a square, park, water or drainage reserve, reserve or other similar open space vests in fee simple in the service authority or local government council specified in the plan of survey under subsection (4), by virtue of this section and without further assurance, freed and discharged of all interests, trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates of any kind.

Planning Act 1999 81 (2) If a plan of survey referred to in subsection (1) is registered under the Land Title Act 2000, the Registrar-General must make the entries that he or she thinks necessary for the purpose of recording in the land register kept under the Land Title Act 2000, in relation to the affected land: (a) that the plan of survey has been deposited and registered; or (b) the vesting of the land under subsection (1). (3) A road, street, passage, court, alley, thoroughfare or cul-de-sac vested under subsection (1) is a road within the meaning and for the purposes of the Control of Roads Act 1953 and the Local Government Act 2019. (4) A plan of survey referred to in subsection (1) may indicate that land delineated in it is subject to or intended to be subject to an easement or covenant in favour of a specified service authority or local government council. (5) If a plan of survey referred to in subsection (1) indicates an intended easement or covenant in favour of a specified service authority or local government council and describes it by a description specified in the Schedule or in a regulation made for the purposes of this section then, on the registration of the plan of subdivision under the Land Title Act 2000: (a) the intended easement or covenant is to be an easement or covenant although it may be an easement in gross or a covenant in gross; and (b) without limiting the power that it may have under any other law in force in the Territory, the service authority or local government council: (i) is to have the use and benefit of the easement or covenant for the purposes; and (ii) has for itself and its agents, servants and workmen all the powers, specified in Schedule 3 to the Law of Property Act 2000 or that regulation, as the case may be, in relation to that easement or covenant. (6) If, by virtue of this section, land is the subject of an easement or covenant, the Registrar-General must make the entries in relation to the land in the land register kept under the Land Title Act 2000 that he or she thinks necessary to evidence the easement or covenant.