sec.727Unregistered easements

### sec.727 Unregistered easements This section applies if— a transfer notice provides for the transfer to an irrigation entity of an easement mentioned in section 726 (1) (b) that is held by SunWater and is in a declared channel scheme; and there is no outstanding issue of substance relating to the payment of compensation under the acquisition Act for the acquisition; and All compensation payable under the acquisition Act for the acquisition was paid to the person entitled to it. The issue of compensation payable under the acquisition act for the acquisition was never pursued because any amount payable would have been negligible. the particulars of the acquisition of the easement have never been recorded in the appropriate register for the land the subject of the easement; and the rights conferred, and the obligations imposed, by the easement have never been extinguished; and immediately before the transfer day for the declared channel scheme, infrastructure associated with the purposes for which the easement was taken is situated on the land; and the Minister is satisfied, to the greatest practicable extent on the basis of documentary evidence, that the matters mentioned in paragraphs (a) to (e) are true. Subsection (1) (d) applies despite the Land Act 1994 or the Land Title Act 1994 . The Governor in Council may, by gazette notice published within 2 years after the transfer day for the declared channel scheme, declare that the easement is valid and held by the irrigation entity. For an application under section 738X , the chief executive or registrar of titles may rely on the gazette notice for amending the appropriate register for the land the subject of the easement to include the current particulars of the easement in the register. Without limiting subsections (3) and (4) , the chief executive or registrar of titles must, in recording the particulars of the easement, record in the appropriate register copies of the following— the plan of survey used for identifying the easement when the easement was acquired, and any subsequent plan of survey relevant to identifying the easement; any gazette notice forming part of the acquisition process under the acquisition Act. For this section, it does not matter whether the relevant land was freehold land or leasehold land when the easement was created, or whether the relevant land is freehold land or leasehold land when the gazette notice mentioned in subsection (3) is published. To remove any doubt, it is declared that the transfer of an easement to the irrigation entity does not require or permit the irrigation entity to perform a function, or exercise a power, of a water authority. In this section— appropriate register , for land the subject of an easement, means the register in which the easement is required to be registered under the Land Act 1994 or the Land Title Act 1994 . extinguished includes surrendered. s 727 ins 2017 No. 2 s 4 amd 2021 No. 12 s 148 sch 3 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.727-ssec.1) This section applies if— a transfer notice provides for the transfer to an irrigation entity of an easement mentioned in section 726 (1) (b) that is held by SunWater and is in a declared channel scheme; and there is no outstanding issue of substance relating to the payment of compensation under the acquisition Act for the acquisition; and All compensation payable under the acquisition Act for the acquisition was paid to the person entitled to it. The issue of compensation payable under the acquisition act for the acquisition was never pursued because any amount payable would have been negligible. the particulars of the acquisition of the easement have never been recorded in the appropriate register for the land the subject of the easement; and the rights conferred, and the obligations imposed, by the easement have never been extinguished; and immediately before the transfer day for the declared channel scheme, infrastructure associated with the purposes for which the easement was taken is situated on the land; and the Minister is satisfied, to the greatest practicable extent on the basis of documentary evidence, that the matters mentioned in paragraphs (a) to (e) are true. (sec.727-ssec.2) Subsection (1) (d) applies despite the Land Act 1994 or the Land Title Act 1994 . (sec.727-ssec.3) The Governor in Council may, by gazette notice published within 2 years after the transfer day for the declared channel scheme, declare that the easement is valid and held by the irrigation entity. (sec.727-ssec.4) For an application under section 738X , the chief executive or registrar of titles may rely on the gazette notice for amending the appropriate register for the land the subject of the easement to include the current particulars of the easement in the register. (sec.727-ssec.5) Without limiting subsections (3) and (4) , the chief executive or registrar of titles must, in recording the particulars of the easement, record in the appropriate register copies of the following— the plan of survey used for identifying the easement when the easement was acquired, and any subsequent plan of survey relevant to identifying the easement; any gazette notice forming part of the acquisition process under the acquisition Act. (sec.727-ssec.6) For this section, it does not matter whether the relevant land was freehold land or leasehold land when the easement was created, or whether the relevant land is freehold land or leasehold land when the gazette notice mentioned in subsection (3) is published. (sec.727-ssec.7) To remove any doubt, it is declared that the transfer of an easement to the irrigation entity does not require or permit the irrigation entity to perform a function, or exercise a power, of a water authority. (sec.727-ssec.8) In this section— appropriate register , for land the subject of an easement, means the register in which the easement is required to be registered under the Land Act 1994 or the Land Title Act 1994 . extinguished includes surrendered. - (a) a transfer notice provides for the transfer to an irrigation entity of an easement mentioned in section 726 (1) (b) that is held by SunWater and is in a declared channel scheme; and - (b) there is no outstanding issue of substance relating to the payment of compensation under the acquisition Act for the acquisition; and Examples— 1 All compensation payable under the acquisition Act for the acquisition was paid to the person entitled to it. 2 The issue of compensation payable under the acquisition act for the acquisition was never pursued because any amount payable would have been negligible. - 1 All compensation payable under the acquisition Act for the acquisition was paid to the person entitled to it. - 2 The issue of compensation payable under the acquisition act for the acquisition was never pursued because any amount payable would have been negligible. - (c) the particulars of the acquisition of the easement have never been recorded in the appropriate register for the land the subject of the easement; and - (d) the rights conferred, and the obligations imposed, by the easement have never been extinguished; and - (e) immediately before the transfer day for the declared channel scheme, infrastructure associated with the purposes for which the easement was taken is situated on the land; and - (f) the Minister is satisfied, to the greatest practicable extent on the basis of documentary evidence, that the matters mentioned in paragraphs (a) to (e) are true. - 1 All compensation payable under the acquisition Act for the acquisition was paid to the person entitled to it. - 2 The issue of compensation payable under the acquisition act for the acquisition was never pursued because any amount payable would have been negligible. - (a) the plan of survey used for identifying the easement when the easement was acquired, and any subsequent plan of survey relevant to identifying the easement; - (b) any gazette notice forming part of the acquisition process under the acquisition Act.