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s 8

Persons who may apply for a utility service access order

In force
Part 2Access orders
Division 1Applications for access orders and making of orders

8 Persons who may apply for a utility service access order

(1)

A person who, either solely or jointly, is entitled to the use of a utility service or a proposed utility service but who is not the owner of the whole or part of the land on which it is located or proposed to be located and who requires access to that land for the purpose of carrying out work on or in connection with the utility service may apply to the Local Court for a utility service access order.

(2)

A person may apply for a utility service access order even if:

(a)

there is an easement or other right of access to the land concerned to carry out the work, or

(b)

access to the land concerned, for the purposes for which access is required, may be obtained by way of an easement imposed by an order under section 88K of the Conveyancing Act 1919.

However, a person may not apply for a utility access order if access to the land concerned, for the purposes for which access is required, may be obtained or granted under any other provision of an Act.

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