72Agreements binding on successors

72 Agreements binding on successors S. 72(1) amended by Nos 18/1989 s. 13(Sch. 2 item 18(a)), 35/1998 s. 13(4), 76/1998 s. 3(1)(t), substituted by No. 85/1998 s. 24(Sch. item 12.2) (as amended by No. 76/1998 s. 15). (1) If an agreement in respect of land other than vested land is expressed to be binding on a land owner's successors in title, the Secretary must as soon as practicable after entering into the agreement apply in writing to the Registrar of Titles to have a recording of the agreement made in the Register and on receiving that application, the Registrar of Titles must make that recording in the Register. S. 72(1A) inserted by No. 35/1998 s. 13(5), amended by No. 76/1998 s. 3(1)(t). (1A) When an agreement in relation to vested land is expressed to be binding on a land owner's successors in title, the Secretary must as soon as practicable after entering into the agreement apply in writing to the registrar under Part 3A of the **Victorian Plantations Corporation Act 1993** to register that agreement in the register of plantations and on receiving that application, the registrar must register that agreement. S. 72(2) amended by Nos 18/1989 s. 13(Sch. 2 item 18(b)), 85/1998 s. 24(Sch. item 12.3). (2) On the recording of the agreement in the Register— (a) the land owner's successors in title are deemed to have notice of that agreement; and (b) all rights and liabilities under that agreement are binding on and enforceable by or against the land owner's successors in title and run with the land. S. 72(2A) inserted by No. 35/1998 s. 13(6). (2A) On the registration of an agreement in accordance with subsection (1A)— (a) the land owner's successors in title are deemed to have notice of the agreement; and (b) all rights and liabilities under that agreement are binding on and enforceable by or against the land owner's successors in title. S. 72(3) amended by Nos 18/1989 s. 13(Sch. 2 item 18(c)), 35/1998 s. 13(7), 76/1998 s. 3(1)(t), substituted by No. 85/1998 s. 24(Sch. item 12.4) (as amended by No. 76/1998 s. 15). (3) If an agreement relating to land other than vested land is varied or terminated under this Part, the Secretary must as soon as practicable apply in writing to the Registrar of Titles to make any amendments to or recordings in the Register that are necessary because of the variation or termination of the agreement and on receiving that application, the Registrar of Titles must make the necessary amendments or recordings in the Register. S. 72(3A) inserted by No. 35/1998 s. 13(8), amended by No. 76/1998 s. 3(1)(t). (3A) When an agreement in respect of vested land is varied or terminated, the Secretary must without delay apply in writing to the registrar under Part 3A of the **Victorian Plantations Corporation Act 1993** to delete the record of the agreement from, or amend the record of the agreement in, the register of plantation licences and on receiving that application, the registrar must make the necessary amendments to the register. (4) A land owner may make application to the Supreme Court for an order declaring that an agreement is no longer in force. (5) The Court may make an order on an application under subsection (4) if it is satisfied that— (a) the agreement is no longer in force; or (b) the agreement has been varied so that it is no longer binding on a land owner's successors; or (c) the agreement is redundant or obsolete or has achieved its purpose or performance or continued performance of the agreement is, or has become, impossible. S. 72(6) repealed by No. 85/1998 s. 24(Sch. item 12.5). S. 72(7) amended by Nos 18/1989 s. 13(Sch. 2 item 18(d)), 85/1998 s. 24(Sch. item 12.6). (7) If a land owner applies to the Registrar of Titles in an appropriate approved form and produces a copy of an order under subsection (5) the Registrar must make the necessary amendments or recordings in the Register. S. 72(8) inserted by No. 35/1998 s. 13(9). (8) If a land owner of vested land applies to the registrar under Part 3A of the **Victorian Plantations Corporation Act 1993** and produces a copy of an order under subsection (5) in respect of the vested land, the registrar must make the necessary amendments in the register of plantation licences. S. 72(9) inserted by No. 85/1998 s. 24(Sch. item 12.7). (9) The amendment of this section by section 24 of the **Transfer of Land (Single Register) Act 1998** does not affect the operation, effect or enforcement of an agreement registered under the **Property Law Act 1958** and existing immediately before the commencement of that section 24.