Suspension of covenants, agreements and instruments
1.9A Suspension of covenants, agreements and instruments
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
to a covenant imposed by the Council or that the Council requires to be imposed, or
to any biodiversity certification conferred under Part 8 of the Biodiversity Conservation Act 2016, or
to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act 2013, or
to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
to any planning agreement within the meaning of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.