Western Australian Current Regulations Western Australian Current Regulations (1) Under a right of
way restrictive covenant, the covenantor covenants with the covenantee that no
new development may occur within a specified distance of a right of way that
is identified on the scheme plan or amendment of the scheme plan so as to
accommodate widening of the right of way should it be required in the future.
(2) The short form
documents must specify the distance within which no new development may occur.
(3) The restrictive
covenant —
(a)
burdens any lot or common property identified on the scheme plan or amendment
of the scheme plan as a lot or common property burdened by the restrictive
covenant; and
(b)
benefits a local government or public authority specified in the short form
documents (and does not benefit a lot or common property).