71Form and operation of agreement

71 Form and operation of agreement (1) An agreement entered into under this Part— S. 71(1)(a) amended by No. 76/1998 s. 3(1)(t). (a) must be under the seal of the Secretary; and S. 71(1)(b) amended by No. 76/1998 s. 3(1)(t). (b) is binding on, and enforceable by or against the land owner and the Secretary; and (c) comes into effect on a day or on the happening of an event specified in the agreement. (2) An agreement may be expressed to be binding on a land owner's successors in title. (3) If an agreement is expressed to be binding on a land owner's successors in title a reference in this Part to a land owner or a party to an agreement includes the land owner's successors in title. S. 71(4) amended by Nos 76/1998 s. 3(1)(t), 19/2018 s. 63(1). (4) If an agreement relates to land alienated by the Crown and is made between the Secretary and a person who is not the holder of the estate in fee simple in the land or the registered proprietor of the land (as the case requires), the agreement has no effect unless and until the person who is the holder of the estate in fee simple in the land or who is the registered proprietor gives written notice of the approval of the agreement to the Secretary and, despite anything in this section, or the agreement, comes into operation on the date when that notice is given. S. 71(5) amended by No. 19/2018 s. 63(2). (5) An agreement must not include a term to the effect that the agreement is binding on a land owner's successors in title unless the holder of the estate in fee simple in the land or the registered proprietor of the land (as the case requires) is a party to the agreement, whether or not another land owner is also a party. S. 71(6) inserted by No. 35/1998 s. 13(3). (6) Subsections (4) and (5) do not apply to an agreement relating to land licensed under Part 3A of the **Victorian Plantations Corporation Act 1993**.