Real Property Act 1900

This section applies if—

an application has been made to extinguish a restrictive covenant, and

notice of that application has been given in accordance with Division 3, and

the time period specified in that notice has ended, and

there is no caveat (lodged before or within the relevant time period) still in force prohibiting the granting of an application to extinguish the restrictive covenant.

The Registrar-General may grant the application if the Registrar-General is satisfied that the application was properly made, and that the restrictive covenant to which the application relates—

is a building materials covenant, a fencing covenant or a value of structures covenant, and

is of a type likely to lose any practical value after 12 years of operation, and

took effect at least 12 years before the date on which the application was made.