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LAND AND ENVIRONMENT COURT ACT 1979 - SECT 40
Additional powers of Court--provision of easements
40 Additional powers of Court--provision of easements
(1) This section applies if-- (a) the Court has determined to grant or modify
a development consent pursuant to proceedings on an appeal under the
Environmental Planning and Assessment Act 1979 , or
(b) proceedings on an
appeal under the Environmental Planning and Assessment Act 1979 with respect
to the granting or modification of a development consent are pending before
the Court (whether constituted by a Judge or by one or more Commissioners).
(2) The appellant may make an application to the Court for an order imposing
an easement over land.
(3) The parties to an application under this section
include the owner of the land to be burdened by the easement, and each other
person having an estate or interest in the land, as evidenced by an instrument
registered in the General Register of Deeds or the Register kept under the
Real Property Act 1900 .
(4) In dealing with an application under this
section, the Court may exercise the jurisdiction of the Supreme Court under
section 88K of the Conveyancing Act 1919 and, in that event, section 88K of
the Conveyancing Act 1919 applies to the Court's exercise of that
jurisdiction in the same way as it applies to the exercise of that
jurisdiction by the Supreme Court.
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