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Transport Planning and Coordination Act 1994
sec.28ACMeaning of transport easement for support
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### sec.28AC Meaning of transport easement for support
A transport easement for support is an easement created for the purpose of support.
A transport easement for support may be created only—
in relation to adjoining lots; and
if the benefited land is transport land.
A document or instrument of easement for a transport easement for support must state that the easement is created for the purpose of support.
The approval of the Minister administering the Land Act 1994 is not required for—
the creation of a transport easement for support under section 362 (1) of that Act; or
the registration of a document creating a transport easement for support under section 363 (1) of that Act.
In this section—
adjoining lot , for a transport easement for support, includes a lot ( contiguous lot ) adjoining the adjoining lot for the easement, if the contiguous lot is needed for support.
transport land includes land—
proposed to be acquired for transport purposes or for an incidental purpose; and
used, or proposed to be used, for transport purposes or for an incidental purpose.
s 28AC ins 2014 No. 43 s 113
(sec.28AC-ssec.1) A transport easement for support is an easement created for the purpose of support.
(sec.28AC-ssec.2) A transport easement for support may be created only— in relation to adjoining lots; and if the benefited land is transport land.
(sec.28AC-ssec.3) A document or instrument of easement for a transport easement for support must state that the easement is created for the purpose of support.
(sec.28AC-ssec.4) The approval of the Minister administering the Land Act 1994 is not required for— the creation of a transport easement for support under section 362 (1) of that Act; or the registration of a document creating a transport easement for support under section 363 (1) of that Act.
(sec.28AC-ssec.5) In this section— adjoining lot , for a transport easement for support, includes a lot ( contiguous lot ) adjoining the adjoining lot for the easement, if the contiguous lot is needed for support. transport land includes land— proposed to be acquired for transport purposes or for an incidental purpose; and used, or proposed to be used, for transport purposes or for an incidental purpose.
- (a) in relation to adjoining lots; and
- (b) if the benefited land is transport land.
- (a) the creation of a transport easement for support under section 362 (1) of that Act; or
- (b) the registration of a document creating a transport easement for support under section 363 (1) of that Act.
- (a) proposed to be acquired for transport purposes or for an incidental purpose; and
- (b) used, or proposed to be used, for transport purposes or for an incidental purpose.