New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42O

42O Enforcement of land dealing approval agreements--registration prohibition notices

(1) This section applies to land under the Real Property Act 1900 if--

(a) a land dealing approval agreement has been registered under section 42N, or

(b) a current registered proprietor of an estate or interest in the land is a party to a land dealing approval agreement in respect of the land.

(2) The New South Wales Aboriginal Land Council may lodge with the Registrar-General a notice in writing prohibiting, except with the consent of that Council, the registration or recording of any dealing affecting an estate or interest in land to which this section applies (a
"registration prohibition notice" ).

(3) A registration prohibition notice is to be in the form approved by the Registrar-General and must contain the following--

(a) the name and address of the person who is the registered proprietor of an estate or interest in the land affected by the notice,

(b) if the registration notice relates only to part of the land described in a folio of the Register, a description of that part,

(c) a statement that the prohibition notice relates to the land (or part of the land) in respect of which a dealing approval agreement has been entered into under this Division.

(4) On the lodgment of a registration prohibition notice, the Registrar-General must give notice in writing of the lodgment to any registered proprietor of an estate or interest in land affected by the notice, at the address specified in the notice.

(5) Notice of lodgment is not required to be given to a registered proprietor under subsection (4) if the consent of the registered proprietor to the lodgment is endorsed on the registration prohibition notice.

(6) The Registrar-General must, if satisfied that the notice complies with any requirements made in respect of it under this Division or the Real Property Act 1900 , record in the Register such particulars of the notice as the Registrar-General thinks appropriate.

(7) A caveat does not prevent the recording of a registration prohibition notice under this section.

(8) A registration prohibition notice lodged under this section has effect when particulars of the notice are recorded in the Register under this section.

(9) A registration prohibition notice may be withdrawn by the New South Wales Aboriginal Land Council, by notice in writing in the form approved by the Registrar-General and on payment of the fee (if any) prescribed by the regulations, and on being withdrawn, ceases to be in force.