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CONVEYANCING ACT 1919 - SECT 88I
Transfer of land to prescribed authority
88I Transfer of land to prescribed authority
(1) Where a person has contravened, whether by act or omission, a public
positive covenant imposed on land under section 88D or 88E, the prescribed
authority entitled to enforce the covenant may apply to the Court for an order
that the land be conveyed or transferred to the authority.
(2) Notice of the
application shall be served on the person by the prescribed authority, and
otherwise the application shall be made, in accordance with rules of Court.
(3) An order may be made under this section only where the Court is
satisfied-- (a) that, because of the contravention by the person or for any
other reason, the continued holding of the land by the person is reasonably
likely to endanger the health or safety of the public,
(b) that there is no
reasonable likelihood of the person complying with the obligations imposed by
the covenant,
(c) that the person has previously committed frequent
contraventions of restrictive or public positive covenants imposed on the
land, or
(d) that the person has persistently and unreasonably delayed
complying with the obligations of any public positive covenant imposed on the
land,
or that the order should be made because of any other special
circumstances, whether of a like or different nature.
(4) If the Court makes
the order requested, the Court may impose such conditions on the conveyance or
transfer of the land as the Court thinks fit.
(5) Where land is conveyed or
transferred to a prescribed authority in accordance with an order made under
this section, the consideration payable by the authority shall be the value of
the land reduced by the amount of any outstanding liability of the person to
the authority arising out of contravention of the public positive covenant.
(6) In calculating the value of land for the purposes of subsection (5), any
increase in the value of the land attributable to-- (a) the carrying out of
development in contravention of the public positive covenant, or
(b) the
development which is likely to be carried out on the land in accordance with
the covenant,
shall be disregarded.
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