Planning and Environment Act 1987

The Minister must apply to the Registrar of Titles to record a work-in-kind agreement on any folio of the Register relating to the following land (the land affected by the work-in-kind agreement)—

land that is to be transferred under the agreement;

land on which works are to be carried out under the agreement (other than Crown land);

the whole or part of the land in respect of which the growth areas infrastructure contribution relating to the agreement is imposed.

An application must—

be in a form approved by the Registrar of Titles; and

be accompanied by a copy of the work-in-kind agreement.

The Registrar of Titles, on receiving an application that complies with subsection (2), may make a recording on each folio of the Register relating to land affected by the work-in-kind agreement.

After the making of a recording in the Register—

the burden of any covenant in the work-in-kind agreement runs with the land affected by that burden; and

the Minister may enforce the covenant against any person deriving title from any person who entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature or that it is not for the benefit of any land of the Crown.

The Minister must apply to the Registrar of Titles—

if an amendment is made to the work-in-kind agreement, for the Registrar of Titles to remove the existing agreement from each folio of land on which the agreement is recorded and record the amended agreement on each folio of the Register relating to land affected by the work-in-kind agreement; or

if a work-in-kind agreement is ended wholly or as to any part of the land, for the Registrar of Titles to, as appropriate, remove in whole or in part the recording of the agreement from any folio of the Register on which the agreement is recorded.

An application under subsection (5) must—

be in a form approved by the Registrar of Titles; and

in the case of a work-in-kind agreement that has been amended, be accompanied by a copy of the agreement in its amended form.

The Registrar of Titles, on receiving an application that complies with subsection (6), may (as the case requires)—

remove the existing agreement from each folio of land on which the agreement is recorded and record the amended agreement on each folio of the Register relating to land affected by the work-in-kind agreement; or

as appropriate, remove in whole or in part the recording of the agreement from any folio of the Register on which the agreement is recorded.