CROWN LAND MANAGEMENT ACT 2016 - SECT 5.56 Imposition of restrictions and covenants on Crown land

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.56

5.56 Imposition of restrictions and covenants on Crown land

(1) The Minister may, on behalf of the Crown, impose any restrictions on use, or public positive covenants, on Crown land.

(2) The restriction or public positive covenant is to be imposed in accordance with section 88D or 88E of the Conveyancing Act 1919 (as appropriate), and that Act applies in respect of the restriction or public positive covenant.

Note : See also section 13.4, which applies in relation to a restriction on use or public positive covenant imposed as referred to in this section.

(3) Without limiting subsection (1), a restriction or public positive covenant extends to any separate lots created by a subsequent subdivision of the land to which the restriction or covenant relates.

(4) The Minister may, on behalf of the Crown, exercise the functions of a prescribed authority under sections 88D and 88E of the Conveyancing Act 1919 in relation to the restriction or covenant.

(5) Section 88D (9) of the Conveyancing Act 1919 does not apply in respect of any interest in the land acquired by the purchaser of the land before the restriction or public positive covenant takes effect and, accordingly, does not prevent the enforcement of the restriction or covenant. A reference in this subsection to a purchaser includes a reference to a mortgagee (or a person claiming through a mortgagee) or any other person claiming through the purchaser.

(6) This section does not limit the Minister's power under Division 5.4 to include conditions in a contract of sale of Crown land.