88ERegulation of use of land not held by a prescribed authority

88E Regulation of use of land not held by a prescribed authority

88E Regulation of use of land not 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.

(2) A prescribed authority may, in accordance with this section, impose restrictions on the use of or impose public positive covenants on any land not vested in the authority, so that the restriction or public positive covenant is enforceable by the authority whether or not the benefit of the restriction or public positive covenant is annexed to other land.

(3) A restriction or public positive covenant referred to in subsection (2) may be imposed in relation to land under the provisions of the Real Property Act 1900 by a memorandum of restriction or public positive covenant in the form approved under that Act that—

(a) specifies the prescribed authority that is imposing the restriction or public positive covenant, and

(b) is executed by the registered proprietor, and

(b1) is supported by the written consents required by the Registrar-General, and

(c) is lodged with the Registrar-General,

and such a restriction or public positive covenant takes effect when the Registrar-General has made, in the Register kept under that Act, such recordings with respect to the restriction or public positive covenant as the Registrar-General considers appropriate.

(4) A restriction or public positive covenant referred to in subsection (2) may be imposed in relation to land that is not under the provisions of the Real Property Act 1900 by a deed that—

(a) is expressed to be made pursuant to this section,

(b) specifies the prescribed authority that is imposing the restriction or public positive covenant, and

(c) is executed by that prescribed authority, by the owner of the land and by each other person who is seised or possessed of any estate or interest in the land and is to be bound by the restriction or public positive covenant,