Obtaining easements using existing powers

Currently, land divested by public authorities or by local councils under s 134 and underground land acquired under s 162 of the MTPF Act becomes unalienated Crown land, freed from all other interests.

That means that these powers cannot be used only to obtain lesser interests, such as an easement. The amendments enable:

  • A section 134 order to be used to acquire, from land vested in a public authority or a Council, a lesser interest, such as rights in the nature of an easement. While this could also be achieved under s 112, section 134 orders have shorter procedures and different compensation consequences.
  • An order to be made under new section 162B, by which rights in the nature of an easement can be acquired in a stratum below the surface of land (either separately from or together with an order under section 162).