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Legislative Assembly for the ACT: 2018 Week 05 Hansard (Thursday, 10 May 2018) . . Page.. 1917 ..


Mr Gentleman: The answer to the member’s question is as follows:

(1) An easement is a right to cross or use someone else’s land for a specified purpose. The landowner is compensated for this right, but maintains ownership of the land. Easements are therefore not acquired. The answer therefore to the question is Nil.

The Suburban Land Agency has, however, facilitated, or is in the process of facilitating, the followings easements.

Block

Nature of Easement

Method

Compensation

Year

1582 Belconnen

Electricity easement for Second Point of Power Supply Project

Compensation for use of land for purposes of utility easement

$147,182.75

2017/18

1600 Belconnen

Electricity easement for Second Point of Power Supply Project

Compensation for use of land for purposes of utility easement

$116,752

2016/17

Block 1601 Belconnen

Electricity easement for Second Point of Power Supply Project

Compensation for use of land for purposes of utility easement

Not yet settled

Deed of Agreement entered into - due to settle in 2017/18

Block 1601 Belconnen

Water Main Easement

Compensation for use of land for purposes of utility easement

Not yet settled

Deed of Agreement entered into - due to settle in 2017/18

Block 1601 Belconnen

Access Easement

Compensation for use of land for purposes of utility easement

Not yet settled

Deed of Agreement entered into - due to settle in 2017/18

(2) The facilitation of easements is the result of a negotiation. This involves parties seeking valuation advice as to the amount of compensation applicable, a negotiation and agreement of the compensation payable based on the valuation advice, and approval in accordance with the relevant policies and delegations of the organisation.

Generally, easements are determined and created over land:

(i) prior to lease issue, where service infrastructure or access by right of way is proposed in the future through the land; or

(ii) post lease issue by registering a transfer and grant of easement (TGE) over the existing lease.

The easements in (i) above may be the result of an approved development application, being shown on a Deposited Plan and referred to in a lease.

(3) Easements planned for in new suburbs are proposed and approved in a development application for an estate development plan.

(4) Nil.



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