Real Property Act 1900

A notice given under section 81D must be given in the approved way.

However, the Registrar-General may, if he or she considers it appropriate, give notice to some or all of the persons referred to in section 81D by advertisement. Notice may be given to a person by advertisement only if the Registrar-General considers that the relevant restrictive covenant is unlikely to be of real benefit to the person—

because of the distance of the land in relation to which the person has an estate or interest from the land burdened by the restrictive covenant the subject of the application, or

because of any other factor causing a lack of connection between the two relevant parcels of land, or

by otherwise having regard to the benefit conferred by the covenant.

If the Registrar-General gives notice by advertisement, that notice must comply with section 81E.

To avoid doubt, section 77 of the Interpretation Act 1987 does not apply to subsection (1).