Land Title Act 1994

An easement over a lot or part of a lot may only be created by registering an instrument of easement.

An easement over a registered lease of a lot may only be created by registering an instrument of easement.

The instrument must state—

the nature of the easement and its terms; and

the land to be benefited, and the land to be burdened, by the easement; and

for a high-density development easement—the purposes under division 4AA for which the easement is created.

For subsection (3)(a), the terms of a high-density development easement are set out in division 4AA.

A public utility easement for water storage may be created only for water storage—

for a weir—on land upstream of the weir and within or outside the storage area at full supply level; or

for a dam—on land upstream of the barrier of the dam and outside the storage area at full supply level.

The instrument creating the easement must show the part of the land over which water may be stored.

In this section—full supply level, for a dam or weir, means the level of the dam’s or weir’s water surface when water storage is at maximum operating level without being affected by flood.