51Easements

51 Easements

S. 51(1) amended by No. 104/1997 s. 16(4).

(1) If a rail corporation acquires any right in the nature of an easement (whether as a result of an allocation under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the rail corporation which is benefited or capable of being benefited by that right.

S. 51(2) amended by No. 104/1997 s. 16(4).

(2) If a transferee other than a rail corporation acquires any right in the nature of an easement as a result of an allocation under this Division, that right must be taken to be an easement even though there is no land vested in the transferee which is benefited or capable of being benefited by that right.

(3) A transferee may, subject to and in accordance with any agreement entered into with another transferee, exercise such rights in respect of easements to which the other transferee is entitled as are reasonably necessary to enable the first-mentioned transferee to carry out its functions in a manner similar to the manner in which the transferor carried out corresponding functions before the relevant date.

(4) A transferee must pay such reasonable charges for the exercise of rights under subsection (3) in respect of easements to which another transferee is entitled as are determined by the other transferee and agreed by the first-mentioned transferee or, if there is no agreement, as are determined by the Minister.