New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.49

5.49 When consent of holder not required for creation of easement over Crown land

(1) The Minister may grant an easement over Crown land without the consent of the holder (if any) for the time being of the land for any of the following purposes--

(a) to enable the owner of other land to access the owner's land,

(b) to enable necessary services (for example, drainage, water, gas or electricity services) to be provided to other land,

(c) to enable a person who has access rights over the land (including for the purpose of travelling stock) to continue to have access to the land when the land is sold,

(d) to preserve or protect the interests or rights of the Crown in the land (including forestry or mining rights) when the land is sold.

(2) The Minister may create an easement for a purpose under subsection (1) if the Minister is satisfied that--

(a) for a purpose under subsection (1) (a)--access under the easement would be significantly more convenient than other access arrangements, or

(b) for a purpose under subsection (1) (b)--the easement would enable the owner of the other land to avoid unreasonable expenses involved in obtaining alternative service provision, or

(c) for a purpose under subsection (1) (c)--access under the easement would be significantly more convenient following the sale than other access arrangements.

(3) Subsection (2) does not apply to an easement being created--

(a) in connection with the sale of the land to the holder of a lease over the land, or

(b) for a purpose under subsection (1) (d).

(4) Despite anything in the Real Property Act 1900 , an easement granted under this section over Crown land in the Western Division can be registered under that Act without the need for a plan of survey for the easement.

(5) It is sufficient if an easement registered as permitted by subsection (4) is registered by reference to boundaries shown diagrammatically on a compiled easement plan of a kind approved by the Registrar-General.