Victorian Current Acts Victorian Current ActsS. 165(1) amended by No. 71/1995 s. 13(6).
(1) Without delay after entering into an agreement under section 163 or 164 or after an agreement is terminated or varied, a reporting authority or council (as the case requires) must—
(a) lodge a copy of the agreement or variation with the Building Appeals Board or give notice of the termination to the Board; and
S. 165(1)(b) substituted by No. 85/1998 s. 24(Sch. item 6.2).
(b) apply in a form approved by the Registrar of Titles to have a recording of the agreement or the variation or termination of the agreement made in the Register.
S. 165(1)(c) repealed by No. 85/1998 s. 24(Sch. item 6.2).
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(2) On an application under this section, the Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the application and may dispense with the production of any relevant certificate of title or other instrument.
S. 165(3) amended by No. 85/1998 s. 24(Sch. item 6.3).
(3) Once an agreement is recorded in the Register under the Transfer of Land Act 1958 —
(a) the burden of any covenant in the agreement (whether positive or negative) runs with the land, even though there may be no land benefited by the covenant; and
(b) any covenant in the agreement may be enforced as a restrictive covenant and binds the owner of the land and the owner's successors in title.
S. 165(4) inserted by No. 85/1998 s. 24(Sch. item 6.4).
(4) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement entered into under section 163 or 164 and registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.
Division 6—The Building Appeals Board