sec.105ZPPublic thoroughfare easements

### sec.105ZP Public thoroughfare easements This section applies if a public thoroughfare easement is created over relevant land. The State has control of the easement land, subject to the provisions of the instrument creating the easement. Control of the easement land includes capacity to take all necessary steps for— construction, maintenance and improvement of the easement land; and regulation of the use of the easement land. Despite subsections (2) and (3) — the State has responsibility for the maintenance of the easement land; and for deciding the respective rights and liabilities that attach to a relevant entity for anything that happens arising out of the use of the easement land, the easement land must be taken to be a State-controlled road. The owner of the relevant land, as the grantor of the easement, or as a successor in title of the grantor of the easement— is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the easement land; and is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the easement land. In this section— easement land means any part of the relevant land that is affected by the public thoroughfare easement. owner , of the relevant land, means— if the relevant land is land granted in trust under the Land Act 1994 —the trustee of the land; or if the relevant land is non-freehold land under the Land Act 1994 —the lessee or licensee of the land; or if the relevant land is a lot under the Land Title Act 1994 —the registered owner of the lot. relevant entity means any of following— the owner of the relevant land; the State; any member of the public. relevant land means— land granted in trust, or non-freehold land, under the Land Act 1994 ; or a lot under the Land Title Act 1994 . s 105ZP ins 2005 No. 68 s 128 (sec.105ZP-ssec.1) This section applies if a public thoroughfare easement is created over relevant land. (sec.105ZP-ssec.2) The State has control of the easement land, subject to the provisions of the instrument creating the easement. (sec.105ZP-ssec.3) Control of the easement land includes capacity to take all necessary steps for— construction, maintenance and improvement of the easement land; and regulation of the use of the easement land. (sec.105ZP-ssec.4) Despite subsections (2) and (3) — the State has responsibility for the maintenance of the easement land; and for deciding the respective rights and liabilities that attach to a relevant entity for anything that happens arising out of the use of the easement land, the easement land must be taken to be a State-controlled road. (sec.105ZP-ssec.5) The owner of the relevant land, as the grantor of the easement, or as a successor in title of the grantor of the easement— is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the easement land; and is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the easement land. (sec.105ZP-ssec.6) In this section— easement land means any part of the relevant land that is affected by the public thoroughfare easement. owner , of the relevant land, means— if the relevant land is land granted in trust under the Land Act 1994 —the trustee of the land; or if the relevant land is non-freehold land under the Land Act 1994 —the lessee or licensee of the land; or if the relevant land is a lot under the Land Title Act 1994 —the registered owner of the lot. relevant entity means any of following— the owner of the relevant land; the State; any member of the public. relevant land means— land granted in trust, or non-freehold land, under the Land Act 1994 ; or a lot under the Land Title Act 1994 . - (a) construction, maintenance and improvement of the easement land; and - (b) regulation of the use of the easement land. - (a) the State has responsibility for the maintenance of the easement land; and - (b) for deciding the respective rights and liabilities that attach to a relevant entity for anything that happens arising out of the use of the easement land, the easement land must be taken to be a State-controlled road. - (a) is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the easement land; and - (b) is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the easement land. - (a) if the relevant land is land granted in trust under the Land Act 1994 —the trustee of the land; or - (b) if the relevant land is non-freehold land under the Land Act 1994 —the lessee or licensee of the land; or - (c) if the relevant land is a lot under the Land Title Act 1994 —the registered owner of the lot. - (a) the owner of the relevant land; - (b) the State; - (c) any member of the public. - (a) land granted in trust, or non-freehold land, under the Land Act 1994 ; or - (b) a lot under the Land Title Act 1994 .