88DRegulation of use of land held by a prescribed authority

88D Regulation of use of land held by a prescribed authority

88D Regulation of use of land held by a prescribed authority

(1) In this section—

prescribed authority means—

(a) the Crown,

(b) a public or local authority constituted by an Act, or

(c) a corporation prescribed for the purposes of this section.

prescribed land means land vested in a prescribed authority.

(2) A prescribed authority may, by an order that—

(a) describes the land in a manner enabling it to be identified and specifies, in the case of land under the provisions of the Real Property Act 1900, the reference to the folio of the Register kept under that Act, or the registered dealing under that Act, that evidences the title to that land,

(b) specifies the particulars of the restrictions or public positive covenants, and

(c) specifies the prescribed authority in which the land is vested,

impose restrictions on the use of or impose public positive covenants on any prescribed land vested in it.

(3) Subject to subsection (7), upon lodgment in a form approved by the Registrar-General of a copy of an order made under subsection (2), the Registrar-General shall—

(a) where the land to which the order relates is land under the provisions of the Real Property Act 1900—make such recordings in the Register in respect of the restriction or public positive covenant as the Registrar-General considers appropriate, or

(b) in any other case—cause the copy of the order to be registered in the General Register of Deeds kept under Division 1 of Part 23.

(4) For the purposes of Division 1 of Part 23, a copy of an order registered pursuant to subsection (3)(b) shall be deemed to be a registration copy of an instrument duly registered under that Division.

(5) A restriction or public positive covenant referred to in an order made under subsection (2)—

(a) has no force or effect—

(i) unless it is recorded, or the copy of the order is registered, pursuant to subsection (3), and