(3) For the purposes of this Act, the creation, S. 3(3) variation or removal of an easement or inserted by No. 48/1991 restriction must be taken to be authorised by a s. 4(2). permit (whether granted before or after the commencement of this subsection) or a planning scheme if the permit or scheme (by condition or otherwise)— (a) in any way requires, directs or allows; or (b) in any other way provides for— that creation, variation or removal. (4) If a planning scheme or permit regulates or S. 3(4) inserted by authorises the variation of an easement or No. 57/1993 restriction, that scheme or permit must be taken to s. 4. include an authorisation to make the variation by removing the easement or restriction to be varied and creating a new easement or restriction in the varied form. (5) Without limiting Part 2, a Council or referral S. 3(5) inserted by authority may, under that Part, require a plan No. 57/1993 varying an easement or restriction to be altered so s. 4. that it removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit. (6) Without limiting Part 4, the Registrar, under S. 3(6) inserted by section 22, may require an applicant to amend, No. 57/1993 or may amend, a plan of variation of easement s. 4. or restriction so that the plan removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit. (7) A plan amended in accordance with subsection (6) S. 3(7) inserted by does not have to be recertified. No. 57/1993 s. 4.
S. 3(3) inserted by No. 48/1991 s. 4(2). (3) For the purposes of this Act, the creation, variation or removal of an easement or restriction must be taken to be authorised by a permit (whether granted before or after the commencement of this subsection) or a planning scheme if the permit or scheme (by condition or otherwise)— (a) in any way requires, directs or allows; or (b) in any other way provides for— that creation, variation or removal. S. 3(4) inserted by No. 57/1993 s. 4. (4) If a planning scheme or permit regulates or authorises the variation of an easement or restriction, that scheme or permit must be taken to include an authorisation to make the variation by removing the easement or restriction to be varied and creating a new easement or restriction in the varied form. S. 3(5) inserted by No. 57/1993 s. 4. (5) Without limiting Part 2, a Council or referral authority may, under that Part, require a plan varying an easement or restriction to be altered so that it removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit. S. 3(6) inserted by No. 57/1993 s. 4. (6) Without limiting Part 4, the Registrar, under section 22, may require an applicant to amend, or may amend, a plan of variation of easement or restriction so that the plan removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit. S. 3(7) inserted by No. 57/1993 s. 4. (7) A plan amended in accordance with subsection (6) does not have to be recertified.
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