AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SECT 37

Registration of conservation covenants

(1)  As soon as practicable after entering into a conservation covenant or executing a variation of a conservation covenant, the Minister must lodge with the Recorder –
(a) an executed copy of the covenant or variation; and
(b) a copy of any management plan in force in relation to the servient land or any part of the servient land; and
(c) particulars of title to the servient land.
(2)  As soon as practicable after executing a discharge of a conservation covenant, the Minister must lodge an executed copy of the discharge with the Recorder.
(3)  Subject to the provisions of the Land Titles Act 1980 , the Recorder must register on the folio of the Register constituting the title to the servient land the following:
(a) each conservation covenant, and each variation or discharge of a conservation covenant, lodged under subsection (1) or (2) ;
(b) any management plan lodged under subsection (1) .
(4)  If the whole or any part of the servient land is not under the Land Titles Act 1980 , the relevant conservation covenant may be dealt with by the Recorder in the same manner as if it were a conveyance on sale within the meaning of section 17(1)(a) of that Act.
(5)  The Recorder may, for the purposes of subsection (4)  –
(a) require the Minister to deposit with the Recorder a plan of any land or part of any land that is subject to a conservation covenant or to which a management plan relates; and
(b) further require that the plan be made from actual survey and certified as correct by a surveyor who is registered and certificated under the Land Surveyors Act 1909 .



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