ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42N
Certain land dealing approval agreements to run with land
ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42N
Certain land dealing approval agreements to run with land
(1) This section applies to a land dealing approval agreement if it imposes
obligations as to the use, development or management of, or dealings with,
land vested in, or formerly vested in, an Aboriginal Land Council . (2) A
land dealing approval agreement may be registered under this section if the
following persons agree to its registration-- (a) the
New South Wales Aboriginal Land Council , (b) if the agreement relates to land
under the Real Property Act 1900 , each person who is the registered
proprietor of an estate or interest in the land , (c) if the agreement relates
to land not under the Real Property Act 1900 , each person who is a party to
the agreement . (3) On lodgment by an Aboriginal Land Council of an
application for registration in a form approved by the Registrar -General, the
Registrar -General is to register the land dealing approval agreement -- (a) by
making an entry in the relevant folio of the Register if the agreement relates
to land under the Real Property Act 1900 , or (b) by registering the
agreement in the General Register of Deeds if the agreement relates to land
not under the Real Property Act 1900 . (4) A land dealing approval agreement
that has been registered by the Registrar -General under this section is
binding on, and is enforceable by and against, the successors in title to the
owner who entered into the agreement and those successors in title are taken
to have notice of the agreement . (5) The Registrar -General may, on the
request in writing of the Chief Executive Officer of the
New South Wales Aboriginal Land Council , cancel the registration of a
land dealing approval agreement . (6) A reference in this section to a
land dealing approval agreement includes a reference to any agreement amending
a land dealing approval agreement . (7) In this section--
"successors in title" includes a mortgagee, chargee, covenant chargee or other
person in possession of land pursuant to a mortgage, charge, positive covenant
or other encumbrance entered into before or after the registration of the
land dealing approval agreement .
http://www.austlii.edu.au/au/legis/nsw/consol_act/alra1983201/s42n.html