TRANSFER OF LAND ACT 1893 - SECT 129BB
TRANSFER OF LAND ACT 1893 - SECT 129BB
129BB . Discharge and modification of s. 129BA covenants
(1) Either —
(a) the
proprietor of land burdened by a restrictive covenant created under
section 129BA; or
(b) a
local government or public authority for whose benefit a restrictive covenant
has been created under section 129BA (the relevant authority ),
may apply, in an
approved form and on payment of the prescribed fee, for the restrictive
covenant to be discharged or to be modified in the manner set out in the
application.
(2) An application
under this section shall be accompanied by either —
(a) the
written consent of —
(i)
the relevant authority; and
(ii)
each person who has a registered interest in any land
burdened by the restrictive covenant,
to the discharge or
the modification of the restrictive covenant as proposed; or
(b) the
documents referred to in subsection (3).
(3) Where an
application under this section is not accompanied by the written consents
referred to in subsection (2)(a), it shall be accompanied by —
(a) the
applicant’s statutory declaration to the effect that —
(i)
the relevant authority and each person who has a
registered interest in any land burdened by the restrictive covenant (not
being the applicant) has been given 28 days’ written notice of both the
intention to make the application and the substance of the proposed
application; and
(ii)
notice of both the intention to make the application and
the substance of the proposed application has been published —
(I) at least 28 days before the day on
which the application is made;
(II) in a newspaper
circulating either throughout the State or in the district where the land is
situated;
and
(iii)
both of the notices referred to in subparagraphs (i) and
(ii) stated —
(I) the applicant’s address for
service of notices of objection to the proposed application or any part of the
proposed application; and
(II) the day, being at
least 3 days before the application was proposed to be made, by which notice
of objections were to be received;
and
(iv)
up to the time of making the application, the applicant
had received no notice of objection to either the proposed application or any
part of the proposed application;
and
(b) a
copy of the notice referred to in paragraph (a)(ii) showing the name of the
newspaper in which it was published and the day of publication.
(4) On an application
under this section the Registrar, if directed by the Commissioner to do so,
shall discharge the restrictive covenant or modify the restrictive covenant in
the manner set out in the application.
(5) The Commissioner
shall not direct the Registrar to discharge or modify a restrictive covenant
under this section if the Commissioner is aware of any notice that has been
served under subsection (3)(a)(iii) by which an objection has been made to
either the application or any part of the application.
(6) Where a
restrictive covenant is discharged or modified under this section the
Registrar shall enter a memorandum of the discharge or modification on each
certificate of title in the Register on which is entered a memorandum of the
restrictive covenant.
[Section 129BB inserted: No. 81 of 1996 s. 76.]