Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 107

107 Valid use or preservation covenants

(1) A use or preservation covenant entered into in connection with a development application is of no effect unless the covenant is required under—

(a) a development condition; or

(b) an infrastructure agreement.

(2) If—

(a) the requirement for a use or preservation covenant under a development condition or infrastructure agreement is removed; or

(b) the development approval or infrastructure agreement lapses;

the covenantee must register an instrument releasing the covenant.

(3) If a development condition or infrastructure agreement is changed in a way that affects rights or responsibilities under a use or preservation covenant—

(a) the covenantee and the covenantor must execute a valid instrument that amends the covenant to reflect the change; and

(b) the covenantor must register the instrument.

(4) In this section—

"register" , an instrument, means register the instrument under the Land Act or Land Title Act .

"use or preservation covenant" means a covenant under the Land Act , section 373A (5) (a) or (b) or the Land Title Act , section 97A (3) (a) or (b) .