Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 71

Form and operation of agreement

71. Form and operation of agreement



(1) An agreement entered into under this Part-

   (a)  must be under the seal of the Secretary; and





   (b)  is binding on, and enforceable by or against the land owner and the
        Secretary; and



   (c)  comes into effect on a day or on the happening of an event specified
        in the agreement.

(2) An agreement may be expressed to be binding on a land owner's successors
in title.

(3) If an agreement is expressed to be binding on a land owner's successors in
title a reference in this Part to a land owner or a party to an agreement
includes the land owner's successors in title.

(4) If an agreement relates to land alienated by the Crown and is made between
the Secretary and a person who is not the owner of the fee or the registered
proprietor of the land (as the case requires), the agreement has no effect
unless and until the person who is the owner of the fee or who is the
registered proprietor gives written notice of the approval of the agreement to
the Secretary and, despite anything in this section, or the agreement, comes
into operation on the date when that notice is given.

(5) An agreement must not include a term to the effect that the agreement is
binding on a land owner's successors in title unless the owner of the fee of
the land or the registered proprietor of the land (as the case requires) is a
party to the agreement, whether or not another land owner is also a party.

(6) Subsections (4) and (5) do not apply to an agreement relating to land
licensed under Part 3A of the Victorian Plantations Corporation Act 1993.