What if a planning scheme directs the creation, removal or variation of rights?
23 What if a planning scheme directs the creation, removal or variation of rights?
S. 23(1) amended by No. 47/1989 ss 5(4)(g), 6(3)(a)(b), substituted by No. 48/1991 s. 21(1), amended by No. 57/1993 s. 11.
If a planning scheme or permit regulates or authorises the creation, removal or variation of an easement or restriction, the owner of the land burdened or to be burdened by the easement or restriction must, in accordance with the planning scheme or permit and with the Planning and Environment Act 1987, lodge a certified plan at the Office of Titles for registration.
S. 23(2) substituted by No. 48/1991 s. 21(1).
The consent of any other person who has an estate, interest or claim in the land is not required to the certification and registration of a plan referred to in subsection (1).
S. 23(3) inserted by No. 47/1989 s. 6(3)(c), amended by No. 48/1991 s. 21(2).
If the planning scheme or permit also relates to the subdivision or consolidation of land, the certified plan required by subsection (1) may be a plan of subdivision or consolidation.
S. 23(4) inserted by No. 48/1991 s. 21(3).
If the planning scheme or a permit regulates or authorises the variation or removal of a condition in the nature of an easement in a Crown grant, a person may proceed under this section as if the condition were an easement and, where a person does so, this Act applies as if any reference to an easement included a reference to that condition.
S. 23(5) inserted by No. 48/1991 s. 21(3).
Subsection (4) applies despite anything to the contrary in the Land Act 1958 or in a Crown grant.
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