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TRANSFER OF LAND ACT 1893 - SECT 129BA

TRANSFER OF LAND ACT 1893 - SECT 129BA

129BA .         Restrictive covenants benefiting local governments and public authorities

        (1)         A restrictive covenant may, under this section, be created and made binding in respect of land under the operation of this Act for the benefit of —

            (a)         the local government in whose district the land is situated; or

            (b)         a public authority,

                notwithstanding that the benefit of the restrictive covenant would not be in respect of land.

        (2)         A restrictive covenant under this section shall be in an instrument in an approved form that is lodged with the Registrar and accompanied by —

            (a)         the written consent of each person who has a registered interest in any land that would be burdened by the restrictive covenant; and

            (b)         the prescribed fee.

        [Section 129BA inserted: No. 81 of 1996 s. 76.]