84AInterpretation of Part XVA

84A Interpretation of Part XVA

*[Section 84A Inserted by No. 3 of 1978, s. 3 ][Section 84A Amended by No. 19 of 1980, s. 171 and Sched. 1 ][Section 84A Amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Part –

appropriate tribunal means the Supreme Court or the Recorder, whichever, pursuant to section 84F or section 84G , has the jurisdiction of the appropriate tribunal in relation to the application, proceedings, or order in respect of which the expression is used;

corporation means a council;

municipality means a municipal area;

overriding interest means –

(a) any condition or covenant, not arising under a lease or an agreement for a lease, that has the effect of imposing a restriction on the use of the land subject to it;

(b) any easement or profit a prendre to which any land is subject;

(c) any restriction on the use of land arising by reason of a notation on a folio of the Register or on any map or plan lodged in the office of the Recorder;

(d) any statutory right of user referred to in section 84J ;

plan of subdivision means a sealed plan within the meaning of Division 1 of Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ;

Recorder means the Recorder of Titles.