New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 43B
Statutory restrictions on alienation etc
(1) In this section:
"land" does not include Crown managed land within the meaning of the
Crown Land Management Act 2016 .
"prescribed consent" means the consent or approval of:
(a) the Crown,
Minister of the Crown, or
(c) a public authority constituted by an Act where
at least one of the members of the authority is appointed by the Governor or
by a Minister of the Crown.
"statutory restriction" means a limitation or restriction upon the disposition
or devolution of land imposed by or under the Crown Land Acts (within the
meaning of the Crown Land Management Act 2016 ) or any other Act relating to
the alienation of land of the Crown.
(2) Notwithstanding anything in this or
any other Act, a registered proprietor of an estate or interest in land that,
but for this subsection, would be subject to a statutory restriction holds
that estate or interest free from the statutory restriction if:
registered proprietor became so registered in good faith and for valuable
(b) at the time when the registered proprietor became so
registered, the statutory restriction was not recorded in the folio of the
Register for the land in which the registered proprietor has the estate or
interest, and upon the registered proprietor so holding that estate or
interest the statutory restriction ceases to have any further force or effect
in relation to that estate or interest.
(3) For the purposes of subsection
(2), a statutory restriction may be recorded:
(a) by a recording which refers
to the provision that imposes the statutory restriction,
(b) by a recording,
pursuant to section 12 (1) (e), of a caveat that refers to the provision that
imposes the restriction, or
(c) by a recording of the restriction in such
other manner as the Registrar-General considers appropriate.
Notwithstanding anything in any Act, where by the operation of subsection (2)
a statutory restriction ceases to have any force or effect in relation to an
estate or interest in land, a disposition or devolution of that estate or
interest that, but for this subsection, would be invalidated as being in
breach of that statutory restriction is not so invalidated.
(5) Where a folio
of the Register is created for a lot in a deposited plan registered under
Division 3 of Part 23 of the Conveyancing Act 1919 and a prescribed consent
required for the subdivision illustrated by that deposited plan has not been
(a) that consent to the subdivision shall be deemed not to have been
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