Building Act 1975

This part applies to a relevant instrument—

even if it were made or entered into before 1 January 2010; and

despite any provision of an Act mentioned in section 246M, definition relevant instrument.

To remove any doubt, it is declared that this part applies to a relevant instrument even if it is registered or recorded under the Land Act 1994 or Land Title Act 1994.

However, despite subsection (1)(a), this part does not apply in relation to a prescribed matter that, on 1 January 2010, is included in—

a relevant instrument that is a contract or other agreement mentioned in section 246M, definition relevant instrument, paragraph (k) and entered into before 1 January 2010; or

another relevant instrument made or entered into before 1 January 2010 that is in force or effect for a lot within the meaning of the Land Title Act 1994.

In this section—prescribed matter means a prohibition, requirement or restriction mentioned in section 246O(1)(a) to (c), 246P(1) or 246R(1).