Victorian Current Acts

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HERITAGE ACT 2017 - SECT 135

Land owner may enter covenant with the National Trust

    (1)     Subject to subsection (2), the owner of a registered place, land on which a registered place is situated, or land on which a building considered by the National Trust to be of cultural heritage significance is situated, may enter into a covenant with the National Trust which binds the owner as to—

        (a)     the development or use of the place or the land; or

        (b)     the conservation of the place or any registered object at the place.

    (2)     A covenant under subsection (1) cannot be entered into without the prior approval of the Heritage Council.

    (3)     With the approval of the Heritage Council, a covenant may—

        (a)     be released by the National Trust; or

        (b)     be varied by agreement between the National Trust and all persons having an interest in the land burdened by the covenant who are bound by the covenant.

    (4)     If a land owner has agreed to enter into or vary a covenant with the National Trust under this section, the National Trust must give the Heritage Council

        (a)     details of the proposed covenant or variations of the covenant; and

        (b)     a map of the land concerned and the surrounding area indicating—

              (i)     the names and addresses of the owners of the land in the vicinity of the land concerned; and

              (ii)     the purposes for which the land concerned and the surrounding land is used.



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