New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 7.6

7.6 Registered planning agreements to run with land

(cf previous s 93H)

(1) A planning agreement can be registered under this section if the following persons agree to its registration--

(a) if the agreement relates to land under the Real Property Act 1900 --each person who has an estate or interest in the land registered under that Act, or

(b) if the agreement relates to land not under the Real Property Act 1900 --each person who is seised or possessed of an estate or interest in the land.

(2) On lodgment by or on behalf of a planning authority of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the planning agreement--

(a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or

(b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900 .

(3) A planning agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement.

(4) A reference in this section to a planning agreement includes a reference to any amendment or revocation of a planning agreement.