s. 88 Division 10—Restrictive covenants, charges etc. 88 Notification of restrictive covenants No. 5842 s. 88. S. 88(1) (1) The Registrar has the power, and is taken to have amended by always had the power, to record on a folio of the Nos 7130 Register— s. 2(a)(i)(ii), 18/1989 s. 12(Sch. 1 (a) a restrictive covenant affecting the parcel or item 123), parcels of land to which the folio of the substituted by No. 80/2009 Register relates, if all of the registered s. 44(1). proprietors of the land to be affected by the covenant and any mortgagees of such land agree to the creation of the restrictive covenant; and (b) subject to subsections (1AA), (1AB) and (1AC), any instrument purporting to vary or release the operation of a restrictive covenant. (1AA) A recording on a folio of a restrictive covenant S. 88(1AA) inserted by that was created by a plan of subdivision or No. 80/2009 consolidation must not be deleted or amended by s. 44(1). the Registrar unless the restrictive covenant is released or varied by— (a) a plan of subdivision or consolidation; or (b) a planning scheme or permit under the or Planning and Environment Act 1987; (c) an order of a court. S. 88(1AB) (1AB) A recording on a folio of a restrictive covenant inserted by that was authorised by a planning scheme or No. 80/2009 permit under the Planning and Environment Act s. 44(1). 1987 must not be deleted or amended by the Registrar unless the restrictive covenant is released or varied by— (a) a plan of subdivision or consolidation; or
Division 10—Restrictive covenants, charges etc. No. 5842 s. 88. 88 Notification of restrictive covenants s. 88 S. 88(1) amended by Nos 7130 s. 2(a)(i)(ii), 18/1989 s. 12(Sch. 1 item 123), substituted by No. 80/2009 s. 44(1). (1) The Registrar has the power, and is taken to have always had the power, to record on a folio of the Register— (a) a restrictive covenant affecting the parcel or parcels of land to which the folio of the Register relates, if all of the registered proprietors of the land to be affected by the covenant and any mortgagees of such land agree to the creation of the restrictive covenant; and (b) subject to subsections (1AA), (1AB) and (1AC), any instrument purporting to vary or release the operation of a restrictive covenant. S. 88(1AA) inserted by No. 80/2009 s. 44(1). (1AA) A recording on a folio of a restrictive covenant that was created by a plan of subdivision or consolidation must not be deleted or amended by the Registrar unless the restrictive covenant is released or varied by— (a) a plan of subdivision or consolidation; or (b) a planning scheme or permit under the Planning and Environment Act 1987; or (c) an order of a court. S. 88(1AB) inserted by No. 80/2009 s. 44(1). (1AB) A recording on a folio of a restrictive covenant that was authorised by a planning scheme or permit under the Planning and Environment Act 1987 must not be deleted or amended by the Registrar unless the restrictive covenant is released or varied by— (a) a plan of subdivision or consolidation; or
58-6399a165.docx