s. 73 (b) if the creation of the easement is authorised S. 72(2A)(b) by a planning scheme or permit under the amended by Nos 48/1991 Planning and Environment Act 1987; s. 51, 57/1993 s. 19(2)(a). * * * * * S. 72(2A)(c) repealed by No. 57/1993 s. 19(2)(b). (2B) The Registrar may accept a legal practitioner's S. 72(2B) inserted by certificate as evidence of the creation of an No. 85/1998 easement over or upon or appurtenant to any land s. 12. under this Act. (3) When in any folio of the Register or instrument an S. 72(3) amended by easement is referred to or created or reserved by No. 18/1989 the use of the words "Together with [or s. 12(Sch. 1 item 104). Reserving] a right of carriage-way over" [specifying the roads subject to the easement and such referring to a map or plan of subdivision] words shall have the same effect and shall be construed as if the words contained in the Twelfth Schedule had been inserted in the folio of the Register or instrument. 73 Removal of easement etc. No. 5842 s. 73. (1) A registered proprietor may make application in S. 73(1) amended by an appropriate approved form to the Registrar for Nos 9976 the deletion from the Register of any easement in s. 11, 18/1989 s. 12(Sch. 1 whole or in part where it has been abandoned or item 105). extinguished. (1A) Subsection (1) does not apply to the removal of an S. 73(1A) inserted by easement in whole or in part if— No. 53/1988 s. 45(Sch. 2 (a) the removal is part of a plan of subdivision item 85) (as amended by or consolidation; or No. 47/1989 s. 6(4)). (b) the removal is authorised by a planning S. 73(1A)(b) amended by scheme or permit under the Planning and No. 48/1991 Environment Act 1987; or s. 51.
S. 72(2A)(b) amended by Nos 48/1991 s. 51, 57/1993 s. 19(2)(a). (b) if the creation of the easement is authorised by a planning scheme or permit under the Planning and Environment Act 1987; S. 72(2A)(c) repealed by No. 57/1993 s. 19(2)(b). * * * * * S. 72(2B) inserted by No. 85/1998 s. 12. s. 73 (2B) The Registrar may accept a legal practitioner's certificate as evidence of the creation of an easement over or upon or appurtenant to any land under this Act. S. 72(3) amended by No. 18/1989 s. 12(Sch. 1 item 104). (3) When in any folio of the Register or instrument an easement is referred to or created or reserved by the use of the words "Together with [or Reserving] a right of carriage-way over" [specifying the roads subject to the easement and referring to a map or plan of subdivision] such words shall have the same effect and shall be construed as if the words contained in the Twelfth Schedule had been inserted in the folio of the Register or instrument. No. 5842 s. 73. 73 Removal of easement etc. S. 73(1) amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 105). (1) A registered proprietor may make application in an appropriate approved form to the Registrar for the deletion from the Register of any easement in whole or in part where it has been abandoned or extinguished. S. 73(1A) inserted by No. 53/1988 s. 45(Sch. 2 item 85) (as amended by No. 47/1989 s. 6(4)). (1A) Subsection (1) does not apply to the removal of an easement in whole or in part if— (a) the removal is part of a plan of subdivision or consolidation; or S. 73(1A)(b) amended by No. 48/1991 s. 51. (b) the removal is authorised by a planning scheme or permit under the Planning and Environment Act 1987; or