QLDIn ForceAct
South Bank Corporation Act 1989
sec.17-oc.2Services
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### sec.17-oc.2 Services
In this section—
drainage includes the product of rain, storm, soakage, a spring or seepage.
service means—
a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or
a service in relation to telephone, television or radio impulses or signals; or
any other prescribed service.
(new)
If an easement of the kind referred to in section 17A , has not been created for services or a particular service by an instrument referred to in section 17A , then, in respect of the leasehold building units plan, there is implied—
as appurtenant to the lots and common property (if any) comprising the leasehold building units plan, being lots and common property which are situated within a building, an easement for the passage or provision of the particular service or services through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected which are for the time being existing in or over the parcel to the extent to which the particular service or services are capable of being used in connection with the enjoyment of the lot and the common property (if any); and
as affecting those lots and that common property, an easement for the passage or provision of the particular service or services through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected which are for the time being existing in or over the parcel, to the extent to which that particular service or those services are capable of being used in connection with the enjoyment of the lot and the common property (if any);
but the easements conferred by this section shall not be exercised by any lessee in such a manner as unreasonably to prevent any other lessee from enjoying the use and occupation of his or her lot and the common property.
(new)
(sec.17-oc.2-ssec.1) In this section— drainage includes the product of rain, storm, soakage, a spring or seepage. service means— a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or a service in relation to telephone, television or radio impulses or signals; or any other prescribed service. (new)
(sec.17-oc.2-ssec.2) If an easement of the kind referred to in section 17A , has not been created for services or a particular service by an instrument referred to in section 17A , then, in respect of the leasehold building units plan, there is implied— as appurtenant to the lots and common property (if any) comprising the leasehold building units plan, being lots and common property which are situated within a building, an easement for the passage or provision of the particular service or services through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected which are for the time being existing in or over the parcel to the extent to which the particular service or services are capable of being used in connection with the enjoyment of the lot and the common property (if any); and as affecting those lots and that common property, an easement for the passage or provision of the particular service or services through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected which are for the time being existing in or over the parcel, to the extent to which that particular service or those services are capable of being used in connection with the enjoyment of the lot and the common property (if any); but the easements conferred by this section shall not be exercised by any lessee in such a manner as unreasonably to prevent any other lessee from enjoying the use and occupation of his or her lot and the common property. (new)
- (a) a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or
- (b) a service in relation to telephone, television or radio impulses or signals; or
- (c) any other prescribed service.
- (a) as appurtenant to the lots and common property (if any) comprising the leasehold building units plan, being lots and common property which are situated within a building, an easement for the passage or provision of the particular service or services through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected which are for the time being existing in or over the parcel to the extent to which the particular service or services are capable of being used in connection with the enjoyment of the lot and the common property (if any); and
- (b) as affecting those lots and that common property, an easement for the passage or provision of the particular service or services through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected which are for the time being existing in or over the parcel, to the extent to which that particular service or those services are capable of being used in connection with the enjoyment of the lot and the common property (if any);