Minimisation of damage etc
30 Minimisation of damage etc
A person exercising rights under the water disposal easement must take reasonable steps—
to minimise damage to land or other property (including damage to pastures and native vegetation) from work or activities carried out in the exercise of rights conferred by the easement; and
to avoid unnecessary interference with land or other property, or the use or enjoyment of land or other property, caused by the exercise of rights under the easement.
A person exercising rights under the water disposal easement must not engage in activities involving substantial destruction of vegetation on the servient land unless—
there is no feasible way of avoiding clearance of the vegetation if rights conferred by the easement are to be effectively exercised;
or
the Minister gives written approval for clearance of the vegetation.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.