sec.263BPower to take easements

### sec.263B Power to take easements The State’s power under section 263A to take land for development infrastructure includes the power to create, by registration, an easement over the land under— the Land Act , chapter 6 , part 4 , division 8 ; or the Land Title Act , part 6 , division 4 . However, the easement may be created only if— the entity in which the easement vests has agreed to the terms of the easement; and the local government for the local government area in which the land is located has agreed to the terms of the easement. This division, and the process under the Acquisition Act for the taking of land and the payment of compensation for taking land, apply in relation to the easement as if the easement were land. In this section— easement includes a public utility easement under the Land Act or the Land Title Act . s 263B ins 2024 No. 13 s 43 (sec.263B-ssec.1) The State’s power under section 263A to take land for development infrastructure includes the power to create, by registration, an easement over the land under— the Land Act , chapter 6 , part 4 , division 8 ; or the Land Title Act , part 6 , division 4 . (sec.263B-ssec.2) However, the easement may be created only if— the entity in which the easement vests has agreed to the terms of the easement; and the local government for the local government area in which the land is located has agreed to the terms of the easement. (sec.263B-ssec.3) This division, and the process under the Acquisition Act for the taking of land and the payment of compensation for taking land, apply in relation to the easement as if the easement were land. (sec.263B-ssec.4) In this section— easement includes a public utility easement under the Land Act or the Land Title Act . - (a) the Land Act , chapter 6 , part 4 , division 8 ; or - (b) the Land Title Act , part 6 , division 4 . - (a) the entity in which the easement vests has agreed to the terms of the easement; and - (b) the local government for the local government area in which the land is located has agreed to the terms of the easement.