9—Creation of statutory easements
(1) A statutory
easement exists in favour of the owner of the Moomba-Adelaide pipeline.
(2) A statutory
easement exists in favour of the owner of the Katnook pipeline.
(3) A statutory
easement is an easement in gross that does not depend on the existence of a
dominant tenement.
(4) Subject to the
terms of any transaction entered into by the owner of a pipeline with the
Minister's consent, the statutory easement cannot be dealt with independently
of the pipeline to which it relates and attaches to the owner in that capacity
(and hence if there is a change of ownership, the new owner of the pipeline
becomes the proprietor of the statutory easement without conveyance).
[If the Minister approves, the owner of the pipeline may make a partial
surrender of the statutory easement by written notice of surrender given to
the Minister accompanied by surveys and other documents that the Minister may
require. On surrender, the boundaries of the servient land are modified to
accord with the surrender. If the owner of the pipeline acquires an easement
adjacent to the servient land, the easement is, if the Minister approves,
subsumed under the statutory easement and the boundaries of the servient land
are modified accordingly.]