Water (Subdivisional Easements and Reserves) Regulations 2001

i Water (Subdivisional Easements and Reserves) Regulations 2001 S.R. No. 22/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Rights of an Authority for pipelines or ancillary purposes and channels 3 6. Rights of an Authority for carriageway purposes 4 7. Rights of an Authority for the purposes of drainage 4 8. Rights of an Authority for the purposes of waterway management 5 9. Rights on the creation of a reserve 6 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 2001 S.R. No. 22/2001 Water Act 1989 Water (Subdivisional Easements and Reserves) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 20 March 2001 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe the rights of an Authority upon the creation of an easement or reserve for the use of the Authority when land is subdivided. 2. Authorising provisions These Regulations are made under sections 136 and 324 of the Water Act 1989. 3. Commencement These Regulations come into operation on 20 March 2001. 4. Definitions In these Regulations— "Act" means the Water Act 1989; "bank" includes groyne; -- 2 of 7 -- S.R. No. 22/2001 Water (Subdivisional Easements and Reserves) Regulations 2001 2 "change" includes alter, cut off, add to, replace, remove and reconstruct; "channel works" include— (a) channels and ancillary works; and (b) the following related works— all bridges, siphons, inlets, outlets, regulators, controlling, metering, communication, power and telemetry devices, buried cables, culverts, subways, pipes, fittings, drains, and drop structures; "construct" includes erect, lay, place, build or fabricate; "drainage works" include— (a) drains and ancillary works, culverts and spillways; and (b) the following related works— drop structures, control gates, controlling, metering, communication, power and telemetry devices, buried cables, pipes, fittings and escapes; "excavate" includes dig or cut; "inspect" includes patrol; "maintain" includes cleanse, flush, repair, and if necessary, remove; "matter" includes timber and soil; "plant" includes machines, vehicles, equipment and materials; "pipeline works" include— r. 4 -- 3 of 7 -- S.R. No. 22/2001 Water (Subdivisional Easements and Reserves) Regulations 2001 3 (a) pipelines and ancillary works; and (b) the following related works— marker posts, valves, valve chambers, housings, controlling, metering, communication, power and telemetry devices, buried cables, vertical surgepipes, air vessels, fittings, connections, anti-corrosion equipment, hatches, access points, inspection openings and pits, cleaning pits, scouring devices, drains, underground pumps and underground and above- ground storage tanks; "soil" includes earth, stone and gravel; "subway" means an underground access way or underground conduit; "waterway management works" include— (a) drainage systems or drainage works; and (b) related subways; and (c) any other works related to waterway management functions; "weir" includes dam or levee. 5. Rights of an Authority for pipelines or ancillary purposes and channels The creation of an easement required under section 136 of the Act for the purposes of pipelines or ancillary purposes or for the purpose of channels gives for the purposes of the easement to the Authority for whose use it is created the following rights over the land burdened by the easement— r. 5 -- 4 of 7 -- S.R. No. 22/2001 Water (Subdivisional Easements and Reserves) Regulations 2001 4 (a) at all times, full and free access to enter upon and pass over the land (with or without plant); (b) to take onto and remove plant from the land; (c) to clear and excavate the land; (d) to construct pipeline works or channel works on, over or under the land; (e) to use and operate pipeline works or channel works on the land; (f) to inspect, maintain or change pipeline works or channel works on the land (including a change in their size or number); (g) to remove any matter from or deposit any matter on the land. 6. Rights of an Authority for carriageway purposes The creation of an easement required under section 136 of the Act for the purpose of carriageways gives for that purpose to the Authority for whose use it is created the following rights over the land burdened by the easement— (a) to construct and maintain a road or access track on the land; (b) the rights in regulation 5(a), (b), (c), and (g). 7. Rights of an Authority for the purposes of drainage The creation of an easement required under section 136 of the Act for the purpose of drainage gives for that purpose to the Authority for whose use it is created the following rights over the land burdened by the easement— (a) to construct drainage works on the land; (b) to use and operate drainage works on the land; r. 6 -- 5 of 7 -- S.R. No. 22/2001 Water (Subdivisional Easements and Reserves) Regulations 2001 5 (c) to remove obstacles to the flow of water on the land; (d) to inspect, maintain or change drainage works on the land (including a change in their size or number); (e) the rights in regulation 5(a), (b), (c), and (g). 8. Rights of an Authority for the purposes of waterway management The creation of an easement required under section 136 of the Act for the purpose of waterway management gives for that purpose to the Authority for whose use it is created the following rights over the land burdened by the easement— (a) to protect and enhance any waterway on the land; (b) to plant, maintain and remove vegetation on the land; (c) to construct, maintain or remove fences or gates to protect vegetation on the land; (d) to construct waterway management works on the land; (e) to use and operate waterway management works on the land; (f) to inspect, maintain or change the waterway management works on the land (including a change in their size or number); (g) to construct and maintain any weir or bank on the land; (h) the rights in regulations 5(a), (b), (c), and (g) and 6(a). r. 8 -- 6 of 7 -- S.R. No. 22/2001 Water (Subdivisional Easements and Reserves) Regulations 2001 6 9. Rights on the creation of a reserve The creation of a reserve required by an Authority for a purpose specified in section 136 of the Act gives for that purpose to the Authority all the rights attaching to the fee simple of the land constituting the reserve. ═══════════════ r. 9 -- 7 of 7 --