Victorian Current Acts

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

Other easements and rights not affected

    (1)     Subject to section 6F(a) and (b), the creation or variation of a statutory easement or a statutory covenant does not affect—

        (a)     any other easement, right, privilege, interest, encumbrance or obligation (however created) existing over the land burdened by the easement or covenant; or

        (b)     the use of the land burdened by that easement or covenant in a way that is consistent with the easement or covenant; or

        (c)     the creation of any other easement, right, privilege, interest, encumbrance or obligation over the land burdened by the easement and covenant, if that creation is authorised by law.

    (2)     If immediately before the specified day there existed between the Company and an owner of land which, on and from that day, is to be land burdened by a statutory easement, a written agreement about access to that land by the Company or the use of that land by the owner, that agreement—

        (a)     is not extinguished by this Act; and

        (b)     has effect as if made in relation to the statutory easement.

    (3)     If immediately before the specified day there existed between the Company and another person a written agreement relating to land which, on and from that day, is to be burdened by a statutory easement and providing for the use of any of that land or of the authorised pipeline, that agreement—

        (a)     is not extinguished by this Act; and

        (b)     has effect as if made in relation to the statutory easement.

S. 6L
inserted by No. 63/1994 s. 5.



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