Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 89

89 Easements for public utility providers

(1) Despite section 82 (3) , it is not necessary to state the land to be benefited in a public utility easement that is not attached to, or used or enjoyed with, other land.

(2) However, a public utility easement mentioned in subsection (1) —

(a) may be registered only for the following—

(i) a right of way;

(ii) drainage or sewerage;

(iii) the supply of water, gas, electricity, telecommunication facilities or another public utility service;

(iv) water storage;

(v) an infrastructure corridor;

(vi) a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ;

(vii) in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 ; and

(b) may be registered in favour of a person mentioned in section 81A , definition public utility provider , paragraph (g) , only if the easement is for the public utility service mentioned in the paragraph.

(3) Further, a public utility easement mentioned in subsection (1) may be registered for a right of way for the public only if—

(a) the public utility provider under the easement is the State or a local government; and

(b) use of the easement is limited to the following—

(i) pedestrians;

(ii) cyclists;

(iii) vehicles reasonably necessary for the building and maintenance of the easement.

(4) A registered public thoroughfare easement is taken not to be registered under this Act to the extent it—

(a) is inconsistent with the relevant provisions for the easement; or

(b) purports to provide other than for a public thoroughfare easement.

(5) Subsection (4) has effect only in relation to public utility easements registered after the commencement of this subsection.

(6) The registrar may refuse to register an instrument of easement purporting to be a public thoroughfare easement if the registrar is satisfied it—

(a) is to any extent inconsistent with the relevant provisions for the easement; or

(b) purports to any extent to provide other than for a public thoroughfare easement.

(7) In this section—

"infrastructure corridor" means an infrastructure corridor under the State Development and Public Works Organisation Act 1971 , section 82 (8) .

"pedestrian" includes—

(a) anyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995 ; and

(b) anyone or anything else whose use of an area is commonly associated with pedestrian use of the area.

Example for paragraph (b)—

a child being pushed in a pram, an animal being taken on a leash

"relevant provisions" , for a public thoroughfare easement, means the provisions about public thoroughfare easements included in—

(a) if the public utility provider under the easement is a local government—the Local Government Act 2009 ; or

(b) if the public utility provider under the easement is the State—the Transport Infrastructure Act 1994 .

Note—

See also the Economic Development Act 2012 , section 51AV and the Queen’s Wharf Brisbane Act 2016 , section 58 in relation to the registration of public thoroughfare easements.