88ITransfer of land to prescribed authority

88I Transfer of land to prescribed authority

88I Transfer of land to prescribed authority

(1) Where a person has contravened, whether by act or omission, a public positive covenant imposed on land under section 88D or 88E, the prescribed authority entitled to enforce the covenant may apply to the Court for an order that the land be conveyed or transferred to the authority.

(2) Notice of the application shall be served on the person by the prescribed authority, and otherwise the application shall be made, in accordance with rules of Court.

(3) An order may be made under this section only where the Court is satisfied—

(a) that, because of the contravention by the person or for any other reason, the continued holding of the land by the person is reasonably likely to endanger the health or safety of the public,

(b) that there is no reasonable likelihood of the person complying with the obligations imposed by the covenant,

(c) that the person has previously committed frequent contraventions of restrictive or public positive covenants imposed on the land, or

(d) that the person has persistently and unreasonably delayed complying with the obligations of any public positive covenant imposed on the land,

or that the order should be made because of any other special circumstances, whether of a like or different nature.

(4) If the Court makes the order requested, the Court may impose such conditions on the conveyance or transfer of the land as the Court thinks fit.

(5) Where land is conveyed or transferred to a prescribed authority in accordance with an order made under this section, the consideration payable by the authority shall be the value of the land reduced by the amount of any outstanding liability of the person to the authority arising out of contravention of the public positive covenant.

(6) In calculating the value of land for the purposes of subsection (5), any increase in the value of the land attributable to—

(a) the carrying out of development in contravention of the public positive covenant, or

(b) the development which is likely to be carried out on the land in accordance with the covenant,

shall be disregarded.

Ins 1986 No 70, Sch 1 (5). Am 1987 No 242, Sch 1 (12).