Planning and Environment Act 1987

For the purposes of a declared project, the Secretary may recommend to the Governor in Council to remove an easement, or restriction applying to any land.

Before making a recommendation under subsection (1), the Secretary must—

serve notice of the proposed removal on the owner of any property which the Secretary, after making inquiry into the matter, considers is likely to be substantially affected by the removal; and

give each of those owners an opportunity to object to the removal; and

consider all objections so made.

Before making a recommendation under subsection (1), the Secretary must ensure that provision is made for access to any land likely to be prejudicially affected by the removal.

The Secretary may only recommend the removal of an easement or restriction under this section if the Secretary is satisfied that the removal will not substantially injure the public or any person objecting under subsection (2).