Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 72

Agreements binding on successors

72. Agreements binding on successors



(1) If an agreement in respect of land other than vested land is expressed to
be binding on a land owner's successors in title, the Secretary must as soon
as practicable after entering into the agreement apply in writing to the
Registrar of Titles to have a recording of the agreement made in the Register
and on receiving that application, the Registrar of Titles must make that
recording in the Register.





(1A) When an agreement in relation to vested land is expressed to be binding
on a land owner's successors in title, the Secretary must as soon as
practicable after entering into the agreement apply in writing to the
registrar under Part 3A of the Victorian Plantations Corporation Act 1993 to
register that agreement in the register of plantations and on receiving that
application, the registrar must register that agreement.

(2) On the recording of the agreement in the Register-

   (a)  the land owner's successors in title are deemed to have notice of that
        agreement; and

   (b)  all rights and liabilities under that agreement are binding on and
        enforceable by or against the land owner's successors in title and run
        with the land.

(2A) On the registration of an agreement in accordance with sub-section (1A)-

   (a)  the land owner's successors in title are deemed to have notice of the
        agreement; and

   (b)  all rights and liabilities under that agreement are binding on and
        enforceable by or against the land owner's successors in title.

(3) If an agreement relating to land other than vested land is varied or
terminated under this Part, the Secretary must as soon as practicable apply in
writing to the Registrar of Titles to make any amendments to or recordings in
the Register that are necessary because of the variation or termination of the
agreement and on receiving that application, the Registrar of Titles must make
the necessary amendments or recordings in the Register.



(3A) When an agreement in respect of vested land is varied or terminated, the
Secretary must without delay apply in writing to the registrar under Part 3A
of the Victorian Plantations Corporation Act 1993 to delete the record of the
agreement from, or amend the record of the agreement in, the register of
plantation licences and on receiving that application, the registrar must make
the necessary amendments to the register.

(4) A land owner may make application to the Supreme Court for an order
declaring that an agreement is no longer in force.

(5) The Court may make an order on an application under sub-section (4) if it
is satisfied that-

   (a)  the agreement is no longer in force; or

   (b)  the agreement has been varied so that it is no longer binding on a
        land owner's successors; or

   (c)  the agreement is redundant or obsolete or has achieved its purpose or
        performance or continued performance of the agreement is, or has
        become, impossible.



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(7) If a land owner applies to the Registrar of Titles in an appropriate
approved form and produces a copy of an order under sub-section (5) the
Registrar must make the necessary amendments or recordings in the Register.



(8) If a land owner of vested land applies to the registrar under Part 3A of
the Victorian Plantations Corporation Act 1993 and produces a copy of an order
under sub-section (5) in respect of the vested land, the registrar must make
the necessary amendments in the register of plantation licences.

(9) The amendment of this section by section 24 of the Transfer of Land
(Single Register) Act 1998 does not affect the operation, effect or
enforcement of an agreement registered under the Property Law Act 1958 and
existing immediately before the commencement of that section 24.