❓ Hon Rick Mazza seeks clarification regarding landowner responsibilities for maintaining easements held by the Water Corporation. The Minister clarifies that landowners are responsible for ensuring access to infrastructure under the Occupier's Liability Act 1985 and Water Services Act 2012.
AnsweredQoN 3034Legislative Council
QuestionView source ↗
(1) In my question regarding the Water Corporation and Easements on 25 June 2020, can the Minister clarify his answer that “The landowner continues to … maintain the land as the titleholder of the land”? (2) Is the Minister stating that in regards to easements, the landowners (assuming that there is no prior agreement) are legally obligated to also maintain the easements held by the Water Corporation? (3) If the answer is yes, can the Minister provide the legal authority for this view as I understand that the common law position in Western Australia in regard to easements is that a landowner is not legally obligated to maintain an easement held by the Water Corporation?
AnswerView source ↗
Answered
16 September 2020
Responded by
Minister for Regional Development representing the Minister for Water
Response time
10 days
(1) Unless expressly stated in the Deed of Easement, the Water Corporation does not acquire responsibility for the land itself or its maintenance within the registered easement area. This responsibility remains with the title holder for the freehold of the land. The easement rights granted to the Water Corporation are for legal access to its water services infrastructure only.
(2) An easement allows the Water Corporation legal access rights to its water services infrastructure. As part of that agreement, the landowner must ensure that this access is available to the Water Corporation. The onus is on the landowner to ensure that Water Corporation can access the land. All landowners (or tenant if property leased) are covered by the Occupier’s Liability Act 1985 whether they have an easement or not, and have a duty of care as occupiers.
(3) Occupiers Liability Act 1985.
Water Services Act 2012
Any stated conditions within easement document.
(2) An easement allows the Water Corporation legal access rights to its water services infrastructure. As part of that agreement, the landowner must ensure that this access is available to the Water Corporation. The onus is on the landowner to ensure that Water Corporation can access the land. All landowners (or tenant if property leased) are covered by the Occupier’s Liability Act 1985 whether they have an easement or not, and have a duty of care as occupiers.
(3) Occupiers Liability Act 1985.
Water Services Act 2012
Any stated conditions within easement document.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.