New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 88EA

88EA Regulation of use of land subject to a forestry right

(1) A restriction on the use of land, or a forestry covenant, may be imposed on land the subject of a forestry right by an instrument (whether the same instrument as that by which the forestry right is created or by another instrument) that--

(a) describes the land in a manner enabling it to be identified, and

(b) specifies the particulars of the restriction or covenant.

(2) In the case of land under the provisions of the Real Property Act 1900 , a restriction or forestry covenant referred to in subsection (1) takes effect when the Registrar-General has made, in the Register kept under that Act, such recordings with respect to the restriction or covenant as the Registrar-General considers appropriate.

(3) A restriction or forestry covenant referred to in subsection (1) may be imposed in relation to land that is not under the provisions of the Real Property Act 1900 by a deed that--

(a) is expressed to be made pursuant to this section, and

(b) is executed--

(i) by the person to whom the benefit of the restriction or covenant enures,

(ii) by the owner of the land, and

(iii) by each other person who is seised or possessed of any estate or interest in the land and who is to be bound by the restriction or covenant,

and such a restriction or covenant takes effect when the deed by which it is imposed is registered under Division 1 of Part 23.

(4) Where a restriction or forestry covenant referred to in subsection (1) takes effect, the person to whom the benefit of the restriction or covenant enures may enforce it against any person who is, or who claims under, a signatory to the instrument that imposed the restriction or covenant as if that person had entered into a binding agreement with the person to whom the benefit of the restriction or covenant enures to observe the restriction or covenant.

(5) Where a restriction or forestry covenant referred to in subsection (1) is recorded in the Register kept under the Real Property Act 1900 , the restriction or covenant is an interest within the meaning of section 42 of that Act.

(6) A restriction or forestry covenant imposed pursuant to this section may be released or varied--

(a) where the land affected by the restriction or covenant is under the provisions of the Real Property Act 1900 --by a memorandum of release or a memorandum of variation, as the case may require, in the form approved under that Act and recorded in the Register kept under that Act, or

(b) where the land so affected is not under the provisions of that Act--by a deed of release or a deed of variation, as the case may require, registered under Division 1 of Part 23,

executed by the person entitled to enforce the restriction or covenant and (in the case of a variation of a restriction or covenant) bearing the written consent of each person against whom, at the time the memorandum is recorded or the deed registered, the restriction or covenant is enforceable.

(7) Upon lodgment with the Registrar-General of a memorandum of release or a memorandum of variation referred to in subsection (6), the Registrar-General shall, in the Register kept under the Real Property Act 1900 , make such recordings with respect to the release or variation as the Registrar-General considers appropriate.

(8) Notwithstanding any other provision of this section, a restriction or forestry covenant has effect while the forestry right to which it is incidental subsists, and not otherwise.