Northern Territory Consolidated Acts

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HERITAGE CONSERVATION ACT - SECT 37

Nature of agreement relating to heritage places

37. Nature of agreement relating to heritage places

(1) A heritage agreement under section 36(1)(a) is binding on the land-owner according to its tenor but may be varied by further agreement.

(2) The burden of a heritage agreement, to the extent that it relates to the preservation, maintenance, development or care of land (including a fixture on the land) and is consented to in writing by each person who, at the time the agreement was entered into, was shown in the Register kept under the Land Title Act as having a registered interest in the land, is an interest registrable under that Act and operates as a covenant that runs with the land, and the Minister has power to enforce the covenant against persons deriving title from the person who entered into the agreement as if it were a restrictive covenant, notwithstanding that it may be positive in nature or that it is not for the benefit of any land of the Territory.

(3) Notwithstanding anything in this section, where a provision of a heritage agreement is inconsistent with a conservation management plan in respect of the land to which it relates, the plan shall prevail and, to the extent of the inconsistency, the provision of the agreement has no effect.



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