New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 43

43 Registered heritage agreement to run with land

(1) A heritage agreement can be registered under this section if the following persons agree to its registration--

(a) if the agreement relates to land under the Real Property Act 1900 --each person who has an estate or interest in the land registered under that Act, or

(b) if the agreement relates to land not under the Real Property Act 1900 --each person who is seised or possessed of an estate or interest in the land.

(2) On lodgment by the Minister of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the agreement--

(a) by making an entry in the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or

(b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900 .

(3) A heritage agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being were the owner who entered into the agreement.

(4) A heritage agreement relating to land under the Real Property Act 1900 about which an entry is made in a folio is an interest recorded in the folio for the purposes of section 42 of that Act.

(5) A reference in this section to a heritage agreement includes a reference to any variation or termination of the heritage agreement.