Agreements to run with land and re-issue etc of agreements in certain cases
5.13 Agreements to run with land and re-issue etc of agreements in certain cases
A biodiversity stewardship agreement that has been registered by the Registrar-General and that is in force is binding on, and enforceable by and against, the successors in title to the owners who entered into the agreement and those successors in title are taken to have notice of the agreement.
This section extends to successors in title of part only of the land to which a biodiversity stewardship agreement applies.
If there are different successors in title to different parts of the land, the regulations may make provision with respect to obligations and entitlement under this Act of the successors in title in relation to the biodiversity stewardship agreement, including with respect to the variation of—
biodiversity credits created in relation to the land, and
obligations to carry out management actions on the land, and
payments with respect to those management actions.
In this section—
part of land includes a different interest in the land.
successors in title includes a lessee, mortgagee, chargee, covenant chargee or other person, in possession of a biodiversity stewardship site pursuant to a lease, mortgage, charge, positive covenant or other encumbrance entered into before or after the registration of the biodiversity stewardship agreement.
This provision refers to the regulations (the regulations may make
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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