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MCU15/0017 - Development Application
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QUEENSLAND LAND REGISTRY FORM 20 version 2 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 1 of 3 - Recitals 4 STANDARD EASEMENT CONDITIONS FOR ELECTRICITY SUPPLY AND INCIDENTAL PURPOSES The Parties to this Easement are the Grantor and ENERGEX Limited, The Grantor and ENERGEX Limited (“Grantee”) AGREE as follows: 1. 2:1 2.2 Definitions and Interpretation Except to the extent that the context otherwise requires or unless a contrary intention appears, the following terms have the meanings designated: “access works” means all access tracks, roads, culverts, ditches, drains, mechanical or electrical devices, gates and other works for in connection with or ancillary to the electric lines; “Easement Land” means that portion of the Grantor's land over which the easement is granted and descnbed as the Servient Tenement in Item 2 of the Form 9 Easement; “ENERGEX Limited” means the person (“Grantee”) named in Item 5 of the Form 9 Easement and includes its administrators, successors and assigns: “electric lines" means any wire or wires, cables, insulated cables, conductor, materials or other means whatsoever used for the purpose of conveying, transmitting, transforming, controlling, monitoring, measuring or distributing electricity, together with any casing, coating, covering, tube, pipe, conduit, pillar, pole or tower, post, frame, bracket, insulator or materials enclosing, surrounding or Supporting the same or any part thereof, or any apparatus connected therewith used by ENERGEX Limited or required to be used by ENERGEX Limited for the purpose of conveying, transmitting, transforming, controlling, monitonng, measuring or distributing electricity by any such means as may be appropriate; “electricity” includes but is not limited to electric current, electrical energy and like or related physical qualities; “Grantor” means the person named in Item 1 of the Form 9 Easement and includes its administrators, successors and assigns; “Land” means the Grantor's land of which the Easement Land forms Part; and “structures” means any building, improvement, plant, equipment, fixture, fitting, pole, cable, wire, pipe, tower, apparatus or permanent or temporary chattel of any kind whether on, over, in, under, across or through the Easement Land and includes by way of example but is not limited to any dwelling (including any extension or overhang of eaves or guttering), swimming pools, shed, retaining or other wall and lighting. Headings are for convenience only and do not affect the interpretation or form part of this easement. The singular includes the plural and vice versa. A reference to any gender includes all other genders. Other grammatical forms of defined terms and Phrases have a corresponding meaning. The Grant to ENERGEX Limited The Grantor grants an easement, which shall be of the same force and effect as a covenant running with the Easement Land in perpetuity, to permit ENERGEX Limited, ENERGEX Limited's agents and any other person claiming by, through or under ENERGEX Limited, at all times and in any manner, the right to convey electricity on, over. in, under, across and/ or through the Easement Land. The Grantor expressly authorises ENERGEX Limited and its agents and any other person claiming by, through or under ENERGEX Limited to: (a) enter, remain upon and traverse the Easement Land, with or without vehicles, plant or equipment or chattels of any kind, for any lawful purpose (including preventing or rectifying any infringement by the Grantor of ENERGEX Limited's rights) and, in order to do so, to enter, remain upon and traverse the Land adjoining or adjacent to the Easement Land as is reasonably required by ENERGEX Limited in order to exercise ENERGEX Limited's rights under this grant (including for the purpose of the securing of access to and from any dedicated road adjacent or neighbounng the Land); BNEWORKDOCS\I 230911485194 2
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