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REAL PROPERTY ACT 1900 - SECT 74JA

Lapse of caveat regarding extinguishment of restrictive covenant

74JA Lapse of caveat regarding extinguishment of restrictive covenant

(1) This section applies if:
(a) an application has been made to the Registrar-General under Part 8A to extinguish a restrictive covenant, and
(b) a caveat prohibiting the granting of such an application has been lodged under section 74F (4B) within the time required by section 74F (4C).
(2) The person who made the application for extinguishment may apply to the Registrar-General, in the approved form, for the Registrar-General to prepare for service a notice under this section.
(3) If the person makes an application under this section for preparation of a notice, the Registrar-General must prepare for service on the caveator a notice to the effect that the application for lapsing has been made and that unless, before the expiry of 21 days after the date on which the notice is served, the caveator has:
(a) obtained from the Supreme Court an order extending the operation of the caveat for such further period as is specified in the order or until the further order of that Court, and
(b) lodged with the Registrar-General the order or an office copy of the order,
the caveat will (subject to evidence of due service of the notice on the caveator) lapse in accordance with subsection (6) and the restrictive covenant will be extinguished.
(4) The applicant must, within 4 weeks after the issue of the notice, lodge with the Registrar-General, in the form of a statutory declaration or such other form as the Registrar-General may accept, evidence of the due service of the notice on the caveator.
(5) If the applicant does not comply with subsection (4), the Registrar-General:
(a) may refuse to take any further action in connection with the notice prepared under subsection (3), or
(b) may serve on the applicant a notice allowing a further 4 weeks from the date of issue of that notice for lodgment of the evidence and, if the evidence is not lodged within the further period, may refuse to take any further action in connection with the notice prepared under subsection (3).
(6) If:
(a) the evidence required by subsection (4) is lodged within the time permitted by this section, and
(b) the caveator has not lodged with the Registrar-General the order or office copy of the order referred to in subsection (3) in accordance with that subsection,
the Registrar-General is to make a recording in the Register to the effect that the caveat has, to the extent that it would prohibit the extinguishment of the restrictive covenant concerned, lapsed, and the caveat so lapses on the making of that recording.



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