Victorian Current Acts

WESTERNPORT (CRIB POINT TERMINAL) ACT 1963 - SECT 6C

    (1)     The Company may prepare a written statement specifying—

        (a)     the rights to be given to the person for the time being entitled to the benefit of a statutory easement; and

S. 6C(1)(b) amended by 74/2000 s. 3(Sch. 1 item 144).

        (b)     the obligations to be imposed on the owners for the time being of land to be burdened by a statutory easement in respect of the easement and any pipelines within it; and

        (c)     the obligations of the person for the time being entitled to the benefit of a statutory easement with respect to the use of the easement and the protection of the land burdened by it and compensation or indemnity for damage arising out of that use; and

        (d)     that a statutory easement is to be created for access and pipeline purposes over the land shown as an access and pipeline easement on Plan LEGL/94–6 lodged in the Central Plan Office; and

        (e)     that a statutory easement and statutory covenant for the purposes of the authorised pipeline is to be created over—

              (i)     the land referred to in section 6B(3); and

              (ii)     part of the land in the folios of the Register under the Transfer of Land Act 1958 listed in Schedule 3 and specified in the statement; and

              (iii)     any other land that is specified in the statement and is part of or adjoins the route of the authorised pipeline, and is not land in a folio of the Register listed in column 1 of Schedule 2.

    (2)     The statement—

        (a)     must, for the purposes of subsection (1)(a), (b) and (c), specify separately the rights and obligations relating to the access and pipeline easement, and the rights and obligations relating to the easement for the purposes of the authorised pipeline; and

        (b)     must, in relation to the easement for the purposes of the authorised pipeline, specify rights and obligations that correspond as nearly as practicable to those in the instruments listed in column 2 of Schedule 2, with any modifications necessary or desirable because some of the land may be Crown land; and

        (c)     in specifying land under subsection (1)(e), must specify land with a width that corresponds as nearly as practicable to the width of the easements created by the instruments listed in column 2 of Schedule 2, with the route of the pipeline located in the approximate centre of the easement; and

        (d)     must state that the statutory easements and covenants are for the benefit of the land in folio of the Register Volume 8519 Folio 769.

    (3)     The Company must lodge a copy of the statement—

        (a)     with the Minister; and

        (b)     at the Central Plan Office.

    (4)     Production of a copy of the statement lodged under subsection (3)(a) or (b) is conclusive proof of the existence and contents of the original.

S. 6D
inserted by No. 63/1994 s. 5.