122Easements

122 Easements (1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by Victorian Rail Track, it is deemed for all purposes to be an easement even though there is no land vested in or held by Victorian Rail Track that is in fact benefited or capable of being benefited by that right. (2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by Victorian Rail Track— (a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and (b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles. (3) Subsection (2) does not apply to an easement acquired compulsorily by Victorian Rail Track.