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HERITAGE ACT 1977 - SECT 43
Registered heritage agreement to run with land
(1) A heritage 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 the Minister of an
application for registration in a form approved by the Registrar-General, the
Registrar-General is to register the agreement-- (a) by making an entry in 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 heritage 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 were the owner who entered into the agreement.
(4) A heritage agreement
relating to land under the Real Property Act 1900 about which an entry is made
in a folio is an interest recorded in the folio for the purposes of section 42
of that Act.
(5) A reference in this section to a heritage agreement includes
a reference to any variation or termination of the heritage agreement.
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