New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 43B

43B Statutory restrictions on alienation etc

(1) In this section:
"land" does not include land in a reserve as defined in Part 5 of the Crown Lands Act 1989 .
"prescribed consent" means the consent or approval of:

(a) the Crown,

(b) a Minister of the Crown, or

(c) a public authority constituted by an Act where at least one of the members of the authority is appointed by the Governor or by a Minister of the Crown.

"statutory restriction" means a limitation or restriction upon the disposition or devolution of land imposed by or under the Crown Lands Acts (as defined in the Crown Lands Act 1989 ), the Western Lands Act 1901 or any other Act relating to the alienation of land of the Crown.

(2) Notwithstanding anything in this or any other Act, a registered proprietor of an estate or interest in land that, but for this subsection, would be subject to a statutory restriction holds that estate or interest free from the statutory restriction if:

(a) the registered proprietor became so registered in good faith and for valuable consideration, and

(b) at the time when the registered proprietor became so registered, the statutory restriction was not recorded in the folio of the Register for the land in which the registered proprietor has the estate or interest,

and upon the registered proprietor so holding that estate or interest the statutory restriction ceases to have any further force or effect in relation to that estate or interest.

(3) For the purposes of subsection (2), a statutory restriction may be recorded:

(a) by a recording which refers to the provision that imposes the statutory restriction,

(b) by a recording, pursuant to section 12 (1) (e), of a caveat that refers to the provision that imposes the restriction, or

(c) by a recording of the restriction in such other manner as the Registrar-General considers appropriate.

(4) Notwithstanding anything in any Act, where by the operation of subsection (2) a statutory restriction ceases to have any force or effect in relation to an estate or interest in land, a disposition or devolution of that estate or interest that, but for this subsection, would be invalidated as being in breach of that statutory restriction is not so invalidated.

(5) Where a folio of the Register is created for a lot in a deposited plan registered under Division 3 of Part 23 of the Conveyancing Act 1919 and a prescribed consent required for the subdivision illustrated by that deposited plan has not been given:

(a) that consent to the subdivision shall be deemed not to have been required, and