Electricity Wayleaves and Easements Act 2000
An Act to make provision with respect to wayleaves held and obtainable by electricity entities, rights of access to land for the purpose of maintaining electricity infrastructure and related matters and to amend the Electricity Supply Industry Act 1995 and the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995
[Royal Assent 14 November 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Electricity Wayleaves and Easements Act 2000 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears –Code has the same meaning as in the Electricity Supply Industry Act 1995 ;distribution has the same meaning as in the Electricity Supply Industry Act 1995 ;electricity entity has the same meaning as in the Electricity Supply Industry Act 1995 ;electricity infrastructure has the same meaning as in the Electricity Supply Industry Act 1995 ;electricity transmission entity means a person that –(a) is licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995 ; and(b) has as a primary purpose under that licence the transmission of electricity;Map, in respect of an electricity transmission entity, means the map maintained under section 6(2) by that entity;notable interest means –(a) an easement held by an electricity entity by reason of section 11 ; and(b) an unregistered wayleave that is shown on a Map;owner, in respect of land other than registered land, means –(a) if the land is not subject to a mortgage, the person in whom the fee simple estate is vested; or(b) if the land is subject to a mortgage, the person who has the equity of redemption in the mortgage;powerline has the same meaning as in the Electricity Supply Industry Act 1995 ;powerline corridor means –(a) in respect of a powerline used for the transmission of electricity at a nominal voltage of more than 110 kilovolts but not exceeding 220 kilovolts, a strip of land 60 metres wide defined by measuring 30 metres in a horizontal plane to each side of the centreline of a powerline at right angles to the centreline; and(b) in respect of a powerline used for the transmission of electricity at a nominal voltage of 110 kilovolts or less, a strip of land 50 metres wide defined by measuring 25 metres in a horizontal plane to each side of the centreline of a powerline at right angles to the centreline;Register means the register of title maintained under the Land Titles Act 1980 ;registered land means land that is subject to the Land Titles Act 1980 ;registered proprietor means the registered proprietor, within the meaning of the Land Titles Act 1980 , of the fee simple estate in land;registered wayleave means a wayleave that is registered under the Land Titles Act 1980 or Registration of Deeds Act 1935 ;Roll means a Roll of Unregistered Wayleaves maintained under section 5 ;safety and operational area, in respect of a powerline used for the distribution of electricity at a nominal voltage of not more than 88 kilovolts, means –(a) a strip of land of a width specified in the Code; or(b) if the Code does not so specify, a strip of land 12 metres wide defined by measuring 6 metres in a horizontal plane to each side of the centreline of a powerline at right angles to the centreline;transmission has the same meaning as in the Electricity Supply Industry Act 1995 ;[Section 3 Amended by No. 78 of 2005, s. 50, Applied:01 Jan 2008][Section 3 Amended by No. 78 of 2005, s. 50, Applied:01 Jan 2008] transmission system has the same meaning as in the Electricity Supply Industry Act 1995 ;unregistered wayleave means a wayleave that is not registered under the Land Titles Act 1980 or Registration of Deeds Act 1935 ;wayleave means a wayleave contract and a wayleave easement but does not include an easement created by reason of section 11 .
Subject to this Act, a wayleave which, by reason of section 10 of the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 , is in force immediately before the commencement of this Act continues in force subject to its terms.
5. Roll of Unregistered Wayleaves
(1) An electricity transmission entity must maintain a Roll of Unregistered Wayleaves containing details of all unregistered wayleaves that are –(a) wayleave contracts held by it; or(b) wayleave contracts in which it has an interest.(2) On the request of any person and payment of the set fee, the electricity transmission entity must search its Roll and notify the person in writing as to whether or not the land referred to in the request is affected by a wayleave mentioned in the Roll.(3) In subsection (2) –set fee means the fee payable in respect of a search of a folio in the Register.(4) On the further request of a person who requested a search under subsection (2) , the electricity transmission entity must provide the person, free of charge, with a copy of any wayleave mentioned in its Roll that affects the land referred to in the request for the search.
(1) In this section –Recorder's Map means the copy of a Map, as at 1 January 2002, provided to the Recorder of Titles under subsection (6) .(2) On and after 1 January 2002, each electricity transmission entity must maintain an up-to-date map –(a) indicating the position of its transmission powerlines; and(b) indicating any land that immediately before that date was subject to an unregistered wayleave; and(c) providing any other information the entity considers appropriate.(3) An electricity transmission entity must make its Map available for inspection by a person –(a) on payment of any reasonable fee determined by the entity; and(b) at the office of the entity; and(c) during the normal business hours of the office of the entity.(4) After 1 January 2002, an electricity transmission entity may not add to its Map an indication that it holds an unregistered wayleave in respect of any land.(5) [Section 6 Subsection (5) amended by No. 78 of 2005, s. 51, Applied:01 Jan 2008] If a Map indicates that the electricity transmission entity holds an unregistered wayleave in respect of any land on, under or over which a part of its transmission system exists and the entity removes that part of its transmission system, that unregistered wayleave is not invalidated only by reason of the removal of the transmission system.(6) Each electricity transmission entity that holds an unregistered wayleave in force immediately before 1 January 2002 must provide to the Recorder of Titles by 1 February 2002 a copy of its Map, in electronic form, as at 1 January 2002.(7) The Recorder of Titles must retain all Recorder's Maps.(8) In the event of a dispute between an electricity transmission entity and any person as to whether land was affected on 1 January 2002 by an unregistered wayleave, the Recorder of Titles must, on the application of that entity or person and payment of the prescribed fee, search the relevant Recorder's Map and notify the applicant as to whether that Recorder's Map indicates that the land was so affected or was not so affected on that date.(9) In subsection (8) –prescribed fee means –(a) the fee prescribed under the Land Titles Act 1980 for the purposes of that subsection; or(b) if no fee is prescribed as specified in paragraph (a) , the fee prescribed under that Act in respect of the lodgment with the Recorder of Titles of dealings, instruments or applications for which no specific fee is prescribed under that Act.
(1) If a person, before 1 January 2002, takes or otherwise acquires an interest in land in respect of which an unregistered wayleave is entered in a Roll, the person –(a) is presumed to have notice of the unregistered wayleave; and(b) takes or acquires the interest subject to the unregistered wayleave.(2) If a person, on or after 1 January 2002, takes or otherwise acquires an interest in land in respect of which an unregistered wayleave is shown on a Map, the person –(a) is presumed to have notice of the unregistered wayleave; and(b) so takes or acquires the interest subject to the unregistered wayleave.(3) If a person, on or after 1 January 2002, takes or otherwise acquires an interest in land which is subject to an unregistered wayleave not shown on a Map –(a) the person so takes or acquires the land free from the unregistered wayleave; and(b) the unregistered wayleave is terminated when the person so takes or acquires the land; and(c) an electricity transmission entity must remove from its Roll any entry in respect of the unregistered wayleave.
8. Registration of unregistered wayleave
An unregistered wayleave that was in force immediately before 1 January 2002 and affects registered land is registrable under the Land Titles Act 1980 in its existing form if –(a) it is legible; and(b) the Recorder of Titles considers that the land to which it relates can be sufficiently identified; and(c) the applicant for registration of the wayleave has complied with section 9 or taken all reasonable steps in attempting to comply with that section; and(d) the applicant for registration of the wayleave complies with any other requirement of the Recorder of Titles.
9. Notification of intention to register wayleave
(1) In this section –registration means registration under the Land Titles Act 1980 or Registration of Deeds Act 1935 ;unregistered wayleave means an unregistered wayleave that was in force immediately before the commencement of this Act.(2) At least 30 days before an electricity entity lodges an unregistered wayleave for registration, it must serve written notice of its intention to do so on all registered proprietors and owners of the land affected by the wayleave.
10. Creation of easement on alienation of Crown land
(1) In this section –affected Crown land means Crown land –(a) on, under or above which a part of any electricity infrastructure exists; or(b) which is within a powerline corridor or safety and operational area.(2) When affected Crown land is alienated by way of sale or grant, the Minister administering the Crown Lands Act 1976 must create an easement to which the interest created by the alienation is subject.(3) If the Director-General of Lands makes an application in respect of affected Crown land under section 27A of the Land Titles Act 1980 , the Director-General in the application must request the Recorder of Titles to record on the folio of the Register created in respect of the land that it is subject to an easement.(4) The easement referred to in subsection (2) or (3) is an easement giving the electricity entity responsible for the maintenance of the electricity infrastructure concerned the same rights as it would have if the land were land to which an easement under section 11(2) were in force.
11. Rights of access to existing electricity network
(1) In this section –existing electricity infrastructure means –(a) electricity infrastructure that existed on, over or under land immediately before 6 November 1996, as repaired, modified and added to from time to time; and(b) electricity infrastructure that has replaced electricity infrastructure referred to in paragraph (a) , or subsequent replacement electricity infrastructure, as repaired, modified and added to from time to time;subject land means land in respect of which each of the following conditions is met:(a) an electricity entity does not own the land;(b) the electricity entity does not have in force in respect of the land a wayleave or an easement relating to existing electricity infrastructure;(c) the electricity entity needs, or is likely to need, to be able to enter and remain on the land for one or more of the following purposes:(i) to examine, operate, maintain, repair, modify, add to, remove or replace existing electricity infrastructure;(ii) to fence or place protective structures around existing electricity infrastructure or to examine, operate, maintain, repair, modify, add to, remove or replace fences or protective structures around existing electricity infrastructure;(iii) to clear the powerline corridor or safety and operational area in respect of existing electricity infrastructure that consists of or includes a powerline of vegetation, structures and objects that could interfere with the proper operation of the powerline.(2) An electricity entity holds an easement over subject land.(3) The easement under subsection (2) entitles the electricity entity to –(a) maintain its existing electricity infrastructure on, above or under the subject land; and(b) enter and remain on the subject land, at any reasonable time and with any necessary vehicles and equipment, for any one or more of the following purposes:(i) examining, operating, maintaining, repairing, modifying, adding to or replacing existing electricity infrastructure;(ii) fencing or placing protective structures around existing electricity infrastructure or examining, maintaining, repairing, modifying, adding to or replacing fences or protective structures around existing electricity infrastructure;(iii) if the electricity infrastructure consists of a powerline, clearing the powerline corridor or safety and operational area of vegetation, structures and objects that could interfere with the proper operation of the powerline.(4) If it is necessary for the purpose of gaining access to subject land for the electricity entity to enter and pass over adjoining or other land, the entity holds an easement over that adjoining or other land which entitles the entity to enter and pass over the adjoining or other land, with vehicles and equipment, for that purpose.(5) The powers conferred by an easement under this section may be exercised by agents, contractors and employees authorised by the electricity entity to act on the entity's behalf.(6) The powers conferred by an easement under this section must be exercised, so far as is reasonably practicable, in a manner that minimises interference with the enjoyment of the land subject to the easement by persons lawfully occupying it.(7) The exercise of the powers conferred by an easement under this section may be limited by the Code and is subject to compliance with the Code by the person exercising those powers.(8) Before a person enters land to exercise powers conferred by an easement under this section, the electricity entity must, if practicable, give reasonable notice of the proposed exercise of powers to the persons lawfully occupying the land.(9) An electricity entity is liable to –(a) make good any damage caused by the exercise of powers under an easement under this section as soon as practicable; or(b) pay reasonable compensation for the damage.(10) If a dispute arises between a person lawfully occupying land and an electricity entity in respect of the exercise of powers under an easement under this section or the obligations of either party arising from the exercise of those powers, the dispute may be resolved under the Electricity Ombudsman Act 1998 .(11) Subsection (10) does not limit the right of a person to any other remedy available in respect of the dispute.(12) If a notable interest in respect of existing electricity infrastructure on, over or under subject land is noted on a folio of the Register or a note of such a notable interest is registered under the Registration of Deeds Act 1935 and the existing electricity infrastructure –this section applies, for the period of 5 years after the destruction or removal, as if the existing electricity infrastructure had continued to exist and the electricity entity needed to repair, modify, add to or replace it or keep clear its powerline corridor or safety and operational area.(a) has been destroyed but the electricity entity intends to replace it; or(b) has been removed from land for the purpose of repairing, modifying, adding to or replacing it –(13) In subsection (12) –(a) a note of a notable interest is registered under the Registration of Deeds Act 1935 if it has been so registered and no note of the cessation of the notable interest has also been so registered; and(b) the reference to the note of a notable interest registered under the Registration of Deeds Act 1935 is a reference to that note together with any note of the variation of the notable interest also registered under that Act.
12. Noting of easements and wayleaves in certain registers
(1) On the application of an electricity entity that has a notable interest in respect of registered land, the Recorder of Titles must note the notable interest on each folio of the Register affected by the notable interest but need not note it on certificates of title so affected.(2) The application –(a) need not include a plan of the notable interest; but(b) must include a list of all folios of the Register affected by the notable interest.(3) The Recorder of Titles may remove from a folio of the Register a note of a notable interest or vary such a note –(a) on the application of the relevant electricity entity; or(b) if the Recorder is satisfied that the electricity entity failed to notify the registered proprietor as required by subsection (5) ; or(c) for any other reason the Recorder considers appropriate.(4) An electricity entity that has a notable interest in respect of land that is not registered land may register under the Registration of Deeds Act 1935 a note of –(a) the notable interest; and(b) the variation of the notable interest; and(c) the cessation of the notable interest.(5) At least 30 days before an electricity entity lodges an application under subsection (1) or subsection (3)(a) , or a note for registration under subsection (4) , it must serve written notice of its intention to do so on the registered proprietor or the owner of land affected by the easement or unregistered wayleave that constitutes the notable interest.(6) Subsection (5) does not apply to the lodgment of a note for registration under subsection (4) if the electricity entity is unable, after making a reasonable attempt, to determine the identity or address of the affected owner of land.
(1) The Governor may make regulations for the purposes of this Act.(2) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(3) The regulations may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding one penalty unit for each day during which the offence continues.(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Minister or an officer or person nominated in the regulations.(5) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or complementary legislation.(6) A provision referred to in subsection (5) may take effect on and from the day on which this Act commences or a later day.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 .The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and(b) the department responsible to the Minister for Infrastructure, Energy and Resources in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.