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Parliamentary Questions


Question Without Notice No. 706 asked in the Legislative Council on 25 June 2020 by Hon Rick Mazza

Parliament: 40 Session: 1

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?

Hon ALANNAH MacTIERNAN replied:

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.