Land subject to registered easement or statutory covenant
65 Land subject to registered easement or statutory covenant
This section applies if a building development application is for land subject to—
a registered easement; or
a registered statutory covenant for which the registered holder of the covenant is—
the State; or
a statutory body representing the State; or
a local government.
The assessment manager must not approve the application unless each registered holder of the easement or covenant has consented to the building work.
However, subsection (2) does not apply to a building development application for a class 1, 2, 3 or 4 building on land subject to a noise covenant if a building assessment provision is expressed to apply specifically for the reduction in a class 1, 2, 3 or 4 building of noise coming from outside the building.
In this section—noise covenant means a registered statutory covenant—
for which the registered holder of the covenant is the State; and
for the reduction in a class 1, 2, 3 or 4 building of noise coming from outside the building.
registered means registered under the Land Act 1994 or Land Title Act 1994.
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