South Australian Current Acts

NATURAL GAS AUTHORITY ACT 1967 - SECT 9

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.]