Land Title Act 1994

If an easement benefits or burdens both freehold and non-freehold land, the easement must be registered in the appropriate registers.

Further dealings affecting the easement must also be registered in the appropriate registers.

If a lot subject to an easement is surrendered to the State to be dealt with under the Land Act 1994, the easement continues over the resulting unallocated State land only if—

the easement is in favour of a public utility provider; and

the Minister approves continuation of the easement.

If an easement continues over unallocated State land, the continuation must be recorded in the appropriate registers.