Victorian Consolidated Legislation

Victorian Conservation Trust Act 1972 - SECT 3A

Covenants3

3A. Covenants3





(1) The owner of any land which the Trust considers to be ecologically
significant, of natural interest or beauty, of historic interest or of
importance in relation to the conservation of wildlife or native plants may,
subject to obtaining the Minister's approval thereof under subsection (8),
enter into a covenant with the Trust which binds him as to the development or
use of the land or any part thereof or the conservation or care of any
bushland trees rock formations buildings or other objects on the land.

(2) A covenant under this section may include provision for the Trust, its
officers, agents or nominees or members of the public generally to enter the
land and to remain thereon for certain purposes.

(3) With the approval of the Minister a covenant under this section may be
released by the Trust or varied by an agreement between the Trust and all
persons having an interest in the land burdened by the covenant who are bound
by the covenant.

(4) Where the owner of any land who first enters into a covenant with the
Trust under subsection (1) is unable to reach agreement with the Trust
regarding the release of such covenant, the matter shall be determined by the
Governor in Council whose decision shall be final.

(5) Where the owner of any land has agreed to enter into a covenant with the
Trust or to vary such a covenant under this section the Trust shall-

   (a)  send to the Minister-

   (i)  details of the proposed covenant or variation of covenant; and

   (ii) a map of the land concerned and the surrounding area indicating the
        names and addresses of the owners of land in the vicinity of the land
        concerned and the purposes for which the land concerned and such other
        land is used; and

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(6) Where the Minister considers that owners of land in the vicinity of the
land concerned may be affected by the proposed covenant or variation of
covenant he may direct the Trust to give notice of the details of the proposed
covenant or variation of covenant to such owners as he directs.



(7) Notice given pursuant to a direction under subsection (6) shall state that
submissions with respect to the proposed covenant or variation of covenant may
be made to the Minister within one month of the date of the notice.

(8) The Minister shall consider any submissions received from a person to whom
notice is given by the Trust under subsection (6) within one month of the date
of the notice and may approve or refuse to approve the proposed covenant or
variation of covenant.

(9) Notice of the Minister's decision under subsection (8) shall be published
in the Government Gazette.

(10) If a covenant has been entered into by any person pursuant to subsection
(1) or subsequently varied pursuant to subsection (3); the Registrar of
Titles, on application made to him or her, may make a recording in the
Register of the covenant or variation.





(11) If the Registrar of Titles has made a recording of the covenant or the
variation in the Register, the burden of the covenant or the covenant as so
varied runs with the land concerned and the Trust may enforce the covenant
against persons deriving title from that person as if it were a restrictive
covenant even though it may be positive in nature or that it is not for the
benefit of land of the Trust.

(12) 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 a covenant registered under the Property Law Act 1958 before
the commencement of that section 24 and existing immediately before that
commencement.