Document ID: chunk:federal_register_of_legislation:F2006B00359:body:0:p5
Version: federal_register_of_legislation:F2006B00359
Segment Type: other
Provision Reference: 
Character Range: 10643–13566

Commonwealth; and
         (c) identifies the location of equipment, pipes, cables, electrical transmission lines, structures or paths for the provision or maintenance by the Commonwealth of:
 (i) water, sewerage or drainage; or
 (ii) electricity or other energy supply; or
 (iii) telephone services; or
 (iv) foreshore access; or
 (v) jetties; or
 (vi) other public amenities; and
         (d) is accepted for this section by an authorised land officer and signed by that officer;
an easement is taken to be granted in favour of the Commonwealth for the provision and maintenance of, and access to, those services.

 "(2) A plan of survey may be accepted by an authorised land officer for the purposes of this section without further survey.

 "(3) The easement created under subsection (1) does not attach to a dominant tenement and persists despite the alienation of any Crown land by the Commonwealth.

 "(4) The Registrar of Titles, or the Registrar of Deeds, as the case requires, must register the easement on the appropriate register.

 "(5) This section does not affect the rights of any person to an easement otherwise acquired under common law, by agreement or by statute.".

22.   Section 264 (Liability of Crown and management bodies in relation to certain land)
22.1   Subsection 264 (4) (definition of "the Crown"):
Omit the definition, substitute:
"the Crown includes a Commonwealth or Territory agency or instrumentality, and an officer or employee of the Commonwealth or of such an agency or instrumentality.".

23.   Section 274 (Service of documents)
23.1   Paragraph 274 (4) (a):
Omit "the metropolitan region", substitute "the Territory".

23.2   Paragraph 274 (4) (b):
Omit the paragraph.

23.3   Paragraph 274 (4) (c):
Omit "third business day", substitute "tenth business day".

23.4   Subsection 274 (6):
Omit the subsection.

24.   Schedule 2 (Transitional, savings and validation provisions related to Land Act 1933 (W.A.)(C.K.I.))
24.1   Add at the end:

Dedication of roads

 "57. An area of Crown land that is taken, by section 177 of the repealed Act, to have been dedicated as a public road under section 294A of the Local Government (Miscellaneous Provisions) Act 1960 in spite of a failure to comply with the requirements of that section, is taken to be dedicated as a road for this Act.".

        _____________

 SCHEDULE 4 Section 3

Amendment of the Local government (MIscellaneous Provisions) Act 1960 (w.a.)(C.K.I.)

1.   Section 295 (Provisions of streets in subdivisions under the Town Planning and Development Act 1928 (W.A.)(C.K.I.))
1.1   Subsection 295 (5):
Omit "; but no way not exceeding 6 metres in width shall be dedicated or be deemed to have become dedicated as a street by virtue of this subsection".

______________

 SCHEDULE 5 Section 3

Amendments of the Town Planning and Development Act 1928 (w.a.)(C.K.I.)

1.   Section 27A (Easements)
1.1