The Environmental Planning and Assessment Act 1979 (NSW), ss 122 and 123, prevails over the Torrens system of title registration under the Real Property Act 1900 (NSW), so that unfulfilled conditions of subdivision consent remain enforceable regardless of what appears on the Certificate of Title. Conditions of subdivision consent create rights in rem enforceable by subsequent transferees of the benefited lot. However, the court retains a discretion to decline to order compliance or to impose conditions where the unfulfilled condition is not apparent from the title and the Council or subdivider has been lax.
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