Creation of easements for public access
5.51 Creation of easements for public access
An easement for public access may be granted—
for Crown land proposed to be sold under this Act—by the Minister at any time before the sale, or
for dedicated or reserved Crown land—by the Minister, or
for Crown land authorised to be sold or transferred by the Minister under another Act—by the Minister at any time before the sale or transfer, or
for land under a lease from the Crown—by the Minister with the consent of the holder of the lease, or
for freehold land—by its owner.
An easement for public access may be granted for the benefit of the Crown without a dominant tenement.
An easement for public access may be defined by reference to a natural or physical feature as it exists from time to time.
An easement for public access over land confers on the public a right to enter the land and to carry on any activity except an activity of a kind prescribed by the regulations (a prescribed activity).
A person must not carry on a prescribed activity on land that is subject to an easement for public access.
Maximum penalty—100 penalty units.
This section extends to Crown land regardless of whether or not—
there is a holding or enclosure permit over it, or
it is dedicated or reserved Crown land.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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