❓ Hon Rick Mazza asks whether the Water Corporation advises landowners that they are legally obligated to help maintain easements granted to the Corporation. The Minister for Water responds that the Water Corporation does not advise landowners of this obligation.
AnsweredQoN 706Legislative Council
QuestionView source ↗
WATER CORPORATION —
EASEMENTS
706. Hon RICK MAZZA to the minister representing the
Minister for Water:
I refer to the maintenance of
easements held by the Water Corporation over private landowners'
properties.
(1) Has the Water Corporation been advising landowners
who have granted the Water Corporation large areas of land as easements that these property owners,
apart from agreement or statute, are under legal obligation to help
maintain these easements?
(2) If yes, can the minister
provide the legal basis for this view?
EASEMENTS
706. Hon RICK MAZZA to the minister representing the
Minister for Water:
I refer to the maintenance of
easements held by the Water Corporation over private landowners'
properties.
(1) Has the Water Corporation been advising landowners
who have granted the Water Corporation large areas of land as easements that these property owners,
apart from agreement or statute, are under legal obligation to help
maintain these easements?
(2) If yes, can the minister
provide the legal basis for this view?
AnswerView source ↗
I thank the member the question.
The following information has been provided by the Minister for Water.
(1) No. When a deed
is entered into with a landowner for an easement, the deed grants the Water
Corporation the rights for access to and
maintenance and repair of water infrastructure assets. The deed does not
transfer landownership or associated landowner responsibilities with it.
The deed requires that the landholder does not do anything on the land that
might interfere with, or damage, the Water Corporation's infrastructure
or its access to it for maintenance, such as excavations or building
structures. The landholder continues to use and maintain the land as the title
holder of the land. At the time of entering into an easement deed, the
landholder is compensated for any loss in land value or losses due to
restrictions imposed on the land.
(2) Not applicable.
The following information has been provided by the Minister for Water.
(1) No. When a deed
is entered into with a landowner for an easement, the deed grants the Water
Corporation the rights for access to and
maintenance and repair of water infrastructure assets. The deed does not
transfer landownership or associated landowner responsibilities with it.
The deed requires that the landholder does not do anything on the land that
might interfere with, or damage, the Water Corporation's infrastructure
or its access to it for maintenance, such as excavations or building
structures. The landholder continues to use and maintain the land as the title
holder of the land. At the time of entering into an easement deed, the
landholder is compensated for any loss in land value or losses due to
restrictions imposed on the land.
(2) Not applicable.
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