New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) In this Schedule--
"apparatus" includes plant.
"pipes" includes cables, tubes, wires and conduits of all kinds.
"service" has the same meaning as in section 196L.
(2) For the purposes of this Schedule, a reference to a person who is entitled to the benefit of an easement that gives a right of vehicular or personal access or of an easement for a specified service includes a reference to any person authorised by such a person.
Each person entitled to the benefit of an easement that gives a right of vehicular access has at all times an unrestricted right--
(a) to pass and repass, with or without vehicles, machinery, implements and other equipment of every kind, over the roadways, ramps and land over which the right of access is created, and
(b) to carry out an inspection of those roadways and ramps and that land.
Each person entitled to the benefit of an easement that gives a right of personal access has at all times an unrestricted right--
(a) to pass and repass, without vehicles but with or without hand tools, hand implements and other equipment capable of being carried by hand, over the stairs, escalators, lifts, passages, corridors, shafts and other areas over which the right of access is created, and
(b) to carry out an inspection of those stairs, escalators, lifts, passages, corridors, shafts and other areas.
(1) If an easement that gives a right of vehicular or personal access is created over or appurtenant to a stratum lot, the roadways, ramps, land, stairs, escalators, lifts, passages, corridors, shafts and other areas to which the right relates are to be maintained in good order and repaired--(a) by the person or, if more than one, jointly by the persons indicated as having responsibility for those matters in the instrument by which the right is created or in any instrument in an approved form by which the instrument is varied, or(b) if any such instrument does not indicate who is responsible for those matters, by the person or, if more than one, jointly by the persons entitled to an estate or interest in possession in the dominant tenement.
(2) If a person has failed to carry out a responsibility imposed by subclause (1) on the person and at least 7 days have passed since that failure first arose, any other person entitled to an estate or interest in possession in the dominant or servient tenement may take all lawful steps necessary to ensure that the responsibility is carried out.
(1) Each person entitled to the benefit of an easement for a specified service has at all times an unrestricted right--(a) (except when it is necessary to halt the service for any essential maintenance or repairs relating to the service) to the passage of the service, to any extent consistent with the rights of other persons having the same or similar rights, along or through any existing line of pipes or any existing apparatus that is for the time being within the burdened land, and(b) to carry out an inspection of the pipes or apparatus to which the easement relates, and(c) in order to maintain the efficiency of any such pipes or apparatus--(i) to enter the part of the burdened land in respect of which the easement is created by such route as is reasonable in the circumstances, and(ii) to remain there for such reasonable time as may be necessary for the purpose of replacing, inspecting, cleaning, repairing, maintaining or renewing the pipes or apparatus or any part of the pipes or apparatus and of making such excavations as may be reasonably necessary.
(2) Any action taken under subclause (1) must be taken in a manner that ensures that--(a) the burdened land is disturbed as little as possible, and(b) any excavated surface is restored as nearly as possible to its original state, and(c) any other damage attributable to that action is repaired.
(1) If an easement for services is created over or appurtenant to a stratum lot, the pipes or apparatus to which the easement relates are to be maintained in good order and repaired--(a) by the person or, if more than one, jointly by the persons, indicated as having responsibility for those matters in the instrument by which the easement is created or in any instrument in the approved form by which that easement is varied, or(b) if any such instrument does not indicate who is responsible for those matters, by the person or, if more than one, jointly by the persons entitled to an estate or interest in possession in the dominant tenement.
(2) If a person has failed to carry out a responsibility imposed by subclause (1) on the person and at least 7 days have passed since that failure first arose, any other person entitled to an estate or interest in possession in the dominant or servient tenement may take all lawful steps necessary to ensure that the responsibility is carried out.
(1) The costs of maintenance and repair in respect of an easement that gives a right of vehicular or personal access or an easement for services to which this Schedule applies are to be borne by the persons concerned--(a) in the proportions specified in the instrument by which the right or easement was created or, if the proportions so specified have been varied, those proportions as varied, or(b) where no such proportions are so specified in equal proportions.
(2) If a person incurs costs referred to in subclause (1), the person may demand in writing from another person the amount that the other person is liable to contribute under that subclause to those costs.
(3) A demand made under subclause (2) must be accompanied by receipts or invoices or copies of receipts or invoices that evidence the expenditure to which the demand relates.
(4) If a person fails to comply with any such demand within 7 days after it has been made, the amount demanded may be recovered in a court of competent jurisdiction as a debt due to the person making the demand.
All easements to which this Schedule applies carry with them such ancillary rights and powers as may be necessary to render them effective.