Notice of Extinguishment of Easements - South Australia

Administered by Department of Finance

Legislation au C2016G01421 In force Gazette

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 COMMONWEALTH OF AUSTRALIA

 LANDS ACQUISITON ACT 1989

 Notice Extinguishing Easements

 

In accordance with section 123 of the Lands Acquisition Act 1989, I extinguish the easements described below:

  1. Easement burdening allotments 1 and 2 in Deposited Plan 112982, acquired by declaration of the South Australian Surveyor General to give the Commonwealth of Australia access to the land for purposes of excavation for construction of telephone structures, the examination, alteration, repair, renewing and maintenance of communication lines, and associated works on CT5615/936 at 23 Gibson Street Bowden South Australia, with a total area of 364m2.  This is registered with the South Australian Register Book as Road Order CT4085/108.

 

2.       Easement burdening allotments 3 and 4 in Deposited Plan 112982, acquired by declaration of the South Australian Surveyor General to give the Commonwealth of Australia access to the land to break the surface of, dig open up, to excavate for the purpose of laying down, use, examination, alteration, repair, renew and maintain existing and future telegraph and telephone cables and other works and apparatus including pipes, tunnels, and tubes  associated with such cables in, under or on the land at CT5609/329 at 12 Park Terrace Bowden South Australia with a total area of 72.48m2.  This is registered with South Australia as VM8601983 in Fort Polio 661.
 

3.       Easement burdening allotments 5 and 11 in Deposited Plan 112982, acquired by declaration of the South Australian Surveyor General to give the Commonwealth of Australia access to the land to break the surface of, dig open up, to excavate for the purpose of laying down, use, examination, alteration, repair, renew and maintain existing and future telegraph and telephone cables and other works and apparatus including pipes, tunnels, and tubes  associated with such cables in, under or on the land at CT5560/360 at 12 Park Terrace Bowden South Australia with a total area of 508.91m2.  This is registered with South Australia as VM8526446 in Fort Polio 661.

 

4.       Easement burdening allotment 12 in Deposited Plan 112982, acquired by declaration of the South Australian Surveyor General to give the Commonwealth of Australia access to the land to break the surface of, dig open up, to excavate for the purpose of laying down, use, examination, alteration, repair, renew and maintain existing and future telegraph and telephone cables and other works and apparatus including pipes, tunnels, and tubes  associated with such cables in, under or on the land at CT5609/330 at 12 Park Terrace Bowden South Australia with a total area of 112.88m2.  This is registered with South Australia as VM8601982 in Fort Polio 661.
 

5.       Easement burdening allotment 13 in Deposited Plan 112982, acquired by declaration of the South Australian Surveyor General to give the Commonwealth of Australia access to the land break the surface of, dig open up, to excavate for the purpose of laying down, use, examination, alteration, repair, renew and maintain existing and future telegraph and telephone cables and other works and apparatus including pipes, tunnels, and tubes  associated with such cables in, under or on the land at CT5732/820 at 12 Park Terrace Bowden South Australia with a total area of 129.51m2.  This is registered with South Australia as VM8526445 in Fort Polio 661.

 

6.       Easement burdening allotments 16 and 17 in Deposited Plan 112982, acquired by declaration of the South Australian Surveyor General to give the Commonwealth of Australia access to the land to break the surface of, dig open up, to excavate for the purpose of laying down, use, examination, alteration, repair, renew and maintain existing and future telegraph and telephone cables and other works and apparatus including pipes, tunnels, and tubes  associated with such cables in, under or on the land at CT5609/328 at 12 Park Terrace Bowden South Australia with a total area of 152.12m2.  This is registered with South Australia as VM8601984 in Fort Polio 661.

 

7.       Easement burdening allotment 18 in Deposited Plan 112982, acquired by declaration of the South Australian Surveyor General to give the Commonwealth of Australia access to the land to break the surface of dig open up, to excavate for the purpose of laying down, use, examination, alteration, repair, renew and maintain existing and future telegraph and telephone cables and other works and apparatus including pipes, tunnels, and tubes  associated with such cables in, under or on the land at CT5616/345 at 12 Park Terrace Bowden South Australia with a total area of 281.88m2.  This is registered with South Australia as VM8613390 in Fort Polio 661.

 

Dated this   26th day of   October 2016

(Signed by)

Andrew Smith
Assistant Secretary
Property Legislation and Advice Branch
Department of Finance
 

 

Overview

The Lands Acquisition Act 1989 was enacted by the Commonwealth Parliament to address the need for a consistent and efficient framework for the acquisition of land by the Commonwealth. The Act provides the legal basis for the Commonwealth to acquire land, including the extinguishment of easements, for various purposes such as public works, infrastructure development, and national security. This legislative instrument serves to notify the public of the extinguishment of specific easements in certain allotments of land in Bowden, South Australia, facilitating the Commonwealth’s acquisition of these lands for the construction and maintenance of communication infrastructure. The policy objective of the Act is to ensure that land acquisition processes are conducted in a fair, transparent, and timely manner, balancing the needs of the Commonwealth with the rights of landowners.

Scope and Application

The Lands Acquisition Act 1989 applies to the extinguishment of easements within the Commonwealth of Australia, specifically in the state of South Australia, where the easements are registered. This Act governs the acquisition of land or interests in land for public purposes by the Commonwealth or its authorities, providing the legal framework for extinguishing rights such as easements that may impede such acquisitions. The Act applies to the easements described in the notice, which pertain to land used for the construction and maintenance of telephone structures and communication lines. The easements in question are registered with the South Australian Surveyor General and are located on specific allotments at various addresses in Bowden South Australia. The Act does not explicitly state exclusions or thresholds for its application but allows for the extinguishment of these specific easements to facilitate the Commonwealth's acquisition of the land for public purposes. The application of this Act may be extended or restricted through subordinate instruments, such as regulations or ministerial declarations, which may provide further details on the procedures and conditions under which easements can be extinguished.

Key Provisions

Section 123 of the Lands Acquisition Act 1989 provides the authority to extinguish easements, which are rights that allow certain uses of land that do not involve possession. The easements listed in the notice involve the Commonwealth of Australia gaining access to land for the purpose of laying down, using, examining, altering, repairing, renewing, and maintaining communication lines, cables, pipes, tunnels, and tubes. These easements are specifically tied to particular allotments in Deposited Plan 112982, and each has been acquired through a declaration by the South Australian Surveyor General. The notice extinguishes these easements, thereby removing the Commonwealth's rights to access the specified areas. The Act imposes obligations on the parties involved, particularly the Commonwealth and the landowners. The Commonwealth must follow the procedural requirements set out in the Act to legally extinguish these easements. This involves formally declaring the intention to extinguish the easements and publishing the notice as required. The landowners, whose properties are affected by the easements, need to be aware of the changes and any implications for their property rights. The notice ensures that all affected parties are informed and that the extinguishment process is transparent and legally sound. Failure to comply with the provisions of the Lands Acquisition Act 1989 can result in significant consequences. While specific offences and penalties are not detailed in this particular notice, breaches of the Act generally can lead to legal actions, including fines and other civil or criminal penalties. The severity of the penalties can vary depending on the nature and extent of the breach, but the Act aims to ensure that the process of extinguishing easements is conducted in a manner that is fair and legally compliant. It is crucial for all parties to adhere to the requirements to avoid potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.