BIODIVERSITY CONSERVATION ACT 2016 - SECT 8.17 Registered agreements run with land

BIODIVERSITY CONSERVATION ACT 2016 - SECT 8.17

8.17 Registered agreements run with land

(1) A biodiversity certification agreement that is registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement.

(2) A biodiversity certification agreement can be registered by the Registrar-General under this section if the following persons agree to its registration--

(a) if the agreement relates to land under the Real Property Act 1900 --each person who has an estate or interest in the land registered under that Act,

(b) if the agreement relates to land not under the Real Property Act 1900 --each person who is seised or possessed of an estate or interest in the land.

(3) On lodgment by a person of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register a biodiversity certification agreement--

(a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, 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) This section applies to any amendment or revocation of a biodiversity certification agreement in the same way as it applies to the agreement.

(5) In this Part, a reference to a
"party" to a biodiversity certification agreement includes any owner of land against whom the agreement is enforceable because of this section.