Strata Schemes Development Act 2015

This section applies if an instrument lodged with a strata plan that creates a part strata parcel purports to create any of the following easements burdening or benefiting the part strata parcel or the land comprised in the part strata parcel—

a right of vehicular access,

a right of personal access,

an easement for a specified service.

The rights and obligations conferred or imposed by the easement are the rights and obligations specified in Schedule 5, other than to the extent the rights or obligations are varied or negatived under this section or in the instrument.

The terms of an easement referred to in subsection (1) may be varied under section 47 of the Real Property Act 1900, to the extent the terms relate to—

the responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement, or

the proportions in which the persons having the benefit or burden of the easement are liable to contribute to the cost of maintaining in good order or repairing the access or other things.

On application by a person who has an estate or interest in land that has the benefit or burden of an easement to which this section applies, the Supreme Court may, by order, vary the terms of the easement to the extent the terms relate to a matter referred to in subsection (3) (a) or (b).

The Registrar-General must, on application made in the approved form, make all necessary recordings in the Register to give effect to an order.

On registration under subsection (5), an order is binding on all persons entitled or later becoming entitled to the easement, whether of full age or capacity or not and whether the persons are parties to the proceedings or have been served with notice or not.

Despite section 88 of the Conveyancing Act 1919, the site of an easement for a specified service need not be identified on the strata plan.

In this section—