Victorian Current Acts Victorian Current Acts(1) The person for the time being entitled to the benefit of a statutory easement or statutory covenant may prepare an instrument of variation of that easement or covenant.
(2) The owner for the time being of the authorised pipeline, and the owner for the time being of any land burdened by a statutory easement or statutory covenant may, by agreement, vary—
(a) an obligation of the owner of that pipeline referred to in section 6F; or
(b) that easement or covenant—
to the extent that it relates to that land.
(3) At the request of and in consultation with the persons who enter into an agreement under subsection (2) or prepare an instrument under subsection (1), the Surveyor-General may cause to be prepared and may sign any plans for the purposes of the variation, including substitute plans for all or any part of the land covered by the statutory easement.
(4) Those plans—
(a) may be based on information supplied by the persons who requested their preparation, without a survey being conducted; and
(b) must be lodged by the Surveyor-General at the Central Plan Office.
(5) A statutory easement or statutory covenant must not be varied under this section so that it burdens other land unless—
(a) the variation occurs in conjunction with a change (in accordance with the Pipelines Act 1967 ) in the authorised route of the authorised pipeline and the variation—
(i) is made with the agreement of the owners of the land affected; or
(ii) is authorised by an Act other than this Act; or
(b) the instrument of variation states that the variation is made to correct—
(i) an error or omission; or
(ii) a defect found on survey; or
(iii) a discrepancy between the actual route of the authorised pipeline and the route of the authorised pipeline shown on the plans referred to in Schedule 1.
(6) The persons who enter into an agreement or prepare an instrument under this section must lodge a copy of it with the Minister and at the Central Plan Office.
(7) An instrument under subsection (1) or an agreement under subsection (2) has no effect unless and until a copy is lodged at the Central Plan Office under this section.
(8) The production of a copy of an agreement or instrument lodged under subsection (6) is conclusive proof of the existence and contents of the original.
(9) Despite anything to the contrary in any other Act or law, a statutory easement or a statutory covenant created by this Act cannot be varied except in accordance with this section.
(10) In relation to Crown land burdened by a statutory easement or statutory covenant the Minister, on behalf of the Crown, may exercise any power conferred by this section on a land owner.
S.
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inserted by No. 63/1994 s. 5.