Westernport (Crib Point Terminal) Act 1963

any easement, right or privilege for petroleum pipeline purposes—

existing immediately before the specified day; and

in favour of the Company or land owned by or vested in the Company; and

relating to the land to be burdened by a statutory easement—

any restrictive covenant—

existing immediately before the specified day; and

in favour of the Company or land owned by or vested in the Company; and

relating to an easement extinguished by paragraph (a)—

an easement for access and pipeline purposes is created over the land specified in the statement under section 6C(1)(d); and

an easement for the purposes of the authorised pipeline is created over the land specified in the statement under section 6C(1)(e); and

the owner for the time being of the Company pipeline is entitled to the benefit of a statutory easement; and

the creation of a statutory easement gives to the person entitled to the benefit of the easement the rights specified in relation to that easement in the statement lodged under section 6C; and

the creation of a statutory easement imposes on the person entitled to the benefit of the easement the obligations specified in the statement lodged under section 6C, and the owners for the time being of the land burdened by the easement may enforce those obligations as if the persons so entitled had entered into an agreement with each of those owners containing those obligations; and

the burden of any obligation on an owner of land (whether positive or negative) specified in the statement lodged under section 6C—

runs with that land; and

may be enforced against that owner or that owner's successor in title as if that owner had agreed to be bound by it and as if it were a restrictive covenant; and

may be enforced by the person for the time being entitled to the benefit of the statutory easement.