South Australian Current Acts South Australian Current Acts11—Rights conferred by statutory easement
(1) The statutory
easement entitles the owner of the pipeline—
(a) to
install, maintain and operate a pipeline or pipelines across the servient
land; and
(b) to
carry out an authorised purpose on the servient land; and
(c) if
associated equipment had, before the commencement of this Part, been installed
on outlying land—to maintain the associated equipment (or associated
equipment of the same kind) on that land and to carry out authorised purposes
related to the associated equipment; and
(d) to
install and maintain associated equipment necessary for cathodic protection,
electricity supply or water supply on outlying land, to carry out authorised
purposes related to the associated equipment, and to carry out work on
outlying land related to the installation, maintenance, repair or replacement
of a pipeline across the servient land; and
(e) to
obtain water necessary for domestic requirements from a natural source, a
reservoir or bore (but not if the natural source, reservoir or bore is on
freehold land).
[The Petroleum Act 1940 requires a pipeline licence for the construction
or operation of a pipeline (See section 80D). The rights conferred by the
statutory easement do not derogate from that requirement. Hence, the owner of
the pipeline may only exercise rights conferred by the statutory easement
(insofar as they relate to the construction or operation of a pipeline) if the
owner of the pipeline itself holds a pipeline licence or acts through an agent
that holds a pipeline licence. If the operator of the pipeline is not the
owner or an agent of the owner, the owner may delegate powers under the
statutory easement to the operator.]
(1a) Any associated
equipment installed on or under the servient or outlying land for the purposes
of this section remains the property of the owner of the pipeline.
(2) An "authorised
purpose" is one or more of the following purposes:
(a) to
install (or re-install) a pipeline and associated equipment;
(b) to
operate a pipeline or associated equipment;
(c) to
inspect a pipeline or associated equipment and monitor its operation;
(d) to
carry out maintenance work on a pipeline or associated equipment;
(e) to
extend, alter, repair or replace a pipeline or associated equipment;
(f) to
remove a pipeline or associated equipment.
(3) "Associated
equipment means equipment associated with the operation of the pipeline
including—
(a)
cathodic protection equipment; and
(b)
equipment for transmission of electricity; and
(c)
equipment for providing water supply; and
(d)
fences and other protective structures and devices; and
(e)
telecommunications equipment.
(4) An agent,
contractor, or employee authorised by the owner of the pipeline may do
anything (including work involving disturbance of land) authorised by the
statutory easement and, for the purpose of doing so, may, at any time (with or
without motor vehicles and other equipment), enter and pass over the servient
land, outlying land and other land on either side of the pipeline over which
it is reasonably necessary to pass to gain access to the servient land,
outlying land or a natural source of water, a reservoir or a bore.
(5) The owner of the
pipeline is liable for compensation as follows:
(a) if
associated equipment necessary for cathodic protection, electricity supply or
water supply is installed on outlying land, or authorised purposes related to
the associated equipment are carried out on outlying land, under
subsection (1)(d), the occupier of the land is entitled to reasonable
compensation from the owner of the pipeline for interference with the use or
enjoyment of the land; and
(b) if
water is taken under subsection (1)(e), the person who would otherwise be
entitled to the water is entitled to reasonable compensation from the owner of
the pipeline.
(6) The amount of the
compensation is to be fixed by agreement or, in default of agreement, by the
Magistrates Court.