New South Wales Repealed Regulations

This legislation has been repealed.

STRATA SCHEMES (FREEHOLD DEVELOPMENT) REGULATION 1997 - REG 18

18 Indication of site of proposed easement or variation of site of existing easement

(1) A notation referring to an intention to create or release an easement, or to create a profit à prendre, restriction or positive covenant, must not be entered on a plan unless it is intended that it is to be created or released pursuant to section 88B of the Conveyancing Act 1919 .

(2) However, a plan may designate the site of a proposed easement that is intended to be created (otherwise than by registration of the plan) by an instrument of grant or reservation, or the proposed varied site of an existing easement that is intended to be varied by an instrument of variation, if:

(a) the designation of the site of the proposed easement, or of the proposed variation of existing easement, includes the word "proposed" or an abbreviation of that word, and

(b) no other statement of intention to create or vary the easement is entered elsewhere on the plan.

(3) The designation of the site of a proposed easement in accordance with subclause (2) does not, for the purposes of section 88B of the Conveyancing Act 1919 , indicate in the prescribed manner an intention to create an easement.

(4) A notation referring to the proposed varied site of an existing easement must not be entered on a plan unless it is intended that the easement is to be varied pursuant to section 47 (5A) of the Real Property Act 1900 .