Land subject to statutory easement
10 Land subject to statutory easement
The land subject to a statutory easement (the servient land) extends—
for the whole length of the pipeline as shown in the map and descriptions in Schedule 2; and
from the centreline of the pipeline on both sides of the pipeline for the distances specified in Schedule 2.
The servient land also includes other land over which the Authority held an easement for the purposes of the pipeline immediately before the commencement of this Part.
The boundaries of the servient land are fixed (subject to any transaction that may affect the boundaries) as at the commencement of this Part.
However—
the Minister may, by instrument in writing signed before the end of the adjustment period, vary the boundaries of the statutory easement (with retrospective effect so that the statutory easement is, on its creation, subject to the variation) to avoid conflicts (or possible conflicts) between the rights conferred by the easement and other rights and interests; and
if a building, structure or fixture not associated with the operation of the pipeline was lawfully built on or affixed to the servient land before the commencement of this Part, the land on which the building, structure or fixture stands is not part of the servient land.
A copy of an instrument under subsection (4)(a) must be published in the Gazette.
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