An easement in favour of a resuming authority (including local/State/Commonwealth government or other statutory authority entitled to resume land) may be created by publication of a notice of resumption in the New South Wales Government Gazette or the Commonwealth Government Gazette. Special legislation may also be enacted to enable easements to be resumed in respect of specific sites.

The statutory authority may lodge a Request form 11R together with a copy of the relevant Gazette notice to have the easement recorded on the folio of the Register. An easement in favour of a statutory authority does not have a dominant tenement.

The following points also apply:

• the site of the easement must be shown in a plan annexed to the Request form, or make reference to a registered deposited plan. A metes and bounds description set out in the Gazette notice is not sufficient and
• the resumption of an easement over an existing easement will not cancel the existing easement.

For further information see Resumption of RPA land or easement.
 

Publication Date: January 2025