South East Queensland Water (Restructuring) Act 2007

This section applies if—

a water entity owns land, or is the trustee of trust land, to which an asset is attached; and

the land or asset is transferred, or the water entity is removed as trustee for the trust land and another water entity is appointed as trustee, under a transfer notice; and

after the transfer or change in the trusteeship, a water entity (the asset owner) owns the asset and another water entity (the land owner) owns or occupies the land to which the asset is attached.

An employee or agent of the asset owner may enter the land or a structure on the land, at all reasonable times, if the entry is—

necessary to do something relating to the asset for the exercise of the asset owner’s functions as a water entity; or

necessary for the continued use of the asset in a way it was lawfully used before the transfer.

Also, the asset owner may allow other persons to enter the land or a structure on the land at the times stated, and as otherwise provided for, in the transfer notice.

Subsections (2) and (3) do not apply to the entry of a structure, or the part of a structure, used for residential purposes.

Subsections (2) and (3) do not limit the making of other agreements between the asset owner and land owner about entry to, or use of, the land.

The land owner may not, without the asset owner’s written consent—

interfere with the asset; or

take any step to change the use of the land; or

carry out material works or make material improvements to the land; or

transfer the land to someone else; or

grant rights to anyone else in relation to the land that are inconsistent with the land owner’s use of the land at the time of the transfer.

The asset owner may give a written request to the registrar of titles to record the following information (the prescribed information)—

that this section applies to the land;

a description of the asset;

the name of the asset owner.

On receiving the request, the registrar of titles must make a record in a way that a search of the register kept by the registrar under any Act relating to the land will show the prescribed information.

On written request from the asset owner, the registrar of titles must cancel a record made under subsection (8).

If the land owner incurs loss or damage because of the asset owner’s exercise of a power under this section, the land owner is entitled to be paid compensation by the asset owner as worked out under the transfer notice or otherwise agreed between them.

A reference in this section to land to which an asset is attached is a reference to—

the parcel of land, for which there is an instrument of title, that includes the particular area covered by the asset; and

for subsections (2) and (3), other contiguous land owned or occupied by the land owner.

In this section—