Electrical substations are treated as premises due to the substantial and permanent nature of their construction. There are two methods used by electricity authorities to establish a right to maintain and support an electrical substation within a parcel:
- a lease of premises, together with rights of access, if any, or
- an easement over the substation site together with rights of access or supply for electricity purposes
This section covers the use of a lease only.
The form of description used for the lease depends on the length of the total term of the lease. The total term is the combination of the original term plus any option of renewal period. There are two periods to consider:
- total term of 25 years or less, and
- total term of more than 25 years.
Total term of 25 years or less
When the combination of the original term of the lease, together with any option for renewal, is 25 years or less, the leased area may be defined as follows:
- If the substation is on a title boundary adjoining a public road and does not need an easement of access or supply, the leased area may be defined by either:
- a simple description in the body of the lease. This description should refer to the substation number and the address of the land on which it is erected.
e.g. ' .. of premises being Electrical Substation No.1234 situated at 123 Strata Way, Strataville .. ', or
- a simple description in the body of the lease and a plan defining the substation [see below 'Plans used to define Electrical Substations'].
- If the substation is not on a title boundary, does not adjoin a road, and requires easements for access or supply, a plan is needed to define the site of the leased area and/or any easements.
The description in the body of the lease and the type of plan used will be the same as set out in the following sections.
Total term of more than 25 years
When the combination of the original term of the lease, together with any option for renewal, is more than 25 years a plan is required to define the substation. The body of the lease must comprise a description of the lease premises and reference to a plan which defines the substation. This description should refer to:
- the substation number and the address of the land on which it is erected, and
- the way in which it is designated in the plan.
'... of premises being Electrical Substation No.1234 situated at 123 Strata Way, Strataville and shown in the plan annexed to Lease No..... '
' ... of premises being Electrical Substation No.1234 situated at 123 Strata Way, Strataville and shown in DP....'
Plans used to define electrical substations
The plan can be either:
- a plan annexed to a registered dealing
- a plan annexed to the subject lease, or
- a plan lodged as a deposited plan
and must comply with one of the following:
- a plan of compilation annexed to the lease.
- a plan of either compilation or survey lodged as a deposited plan, where:
- The plan must comply with normal plan preparation and lodgment requirements.
- The heading should state 'A Plan of Substation No. ........... for lease purposes'.
- The lodgment purposes will be "Lease".
- The substation number is used as the lot number to facilitate lodgment in ITS. The plan must not define any residue parcel as it is being treated as premises.
- Normal survey plan requirements must be adopted.
- a plan which has already been lodged in LPI and complies with one of the above standards.
Note A plan of survey cannot be annexed to a lease.