Glen Davis Act 1939
17AModification of certain special conditions
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17A Modification of certain special conditions
17A Modification of certain special conditions
(1)
(a) Where any land has been sold under this Part upon terms and conditions which include a special condition in or to the effect of the form set out in the Fifth Schedule to this Act the Minister may, by instrument under his official seal, modify that special condition by permitting the use of any other material or materials in addition to or in lieu of the materials specified in that special condition.
(b) The power conferred by paragraph (a) of this subsection may be exercised in respect of land so sold, either before or after the land has been brought under the provisions of the Real Property Act 1900.
(c) A special condition binding any land shall not be modified under this subsection except with the consent of the owner of the land.
(d) The instrument of modification shall be in or to the effect of the prescribed form.
(e) Where a special condition binding any land is modified under this subsection either before or after the land has been brought under the provisions of the Real Property Act 1900, the provisions of subsection four of section seventeen of this Act shall apply to and in respect of the special condition as so modified.
(f) Where a special condition binding on any land is modified under this section after the land has been brought under the provisions of the Real Property Act 1900, the Registrar-General may make every such entry, cancellation and correction in the Register kept under that Act as shall appear to the Registrar-General to be necessary or proper to give effect to the instrument by which such special condition is modified.
(2) Where any land has been offered for sale under this Part upon terms and conditions which include a special condition in or to the effect of the form set out in the Fifth Schedule to this Act and has not been sold, or where the contract for sale of any land sold under this Part has been rescinded or any land so sold has been forfeited the Minister may upon any sale or resale of such land include in the terms and conditions a special condition being the aforesaid special condition modified in the way referred to in paragraph (a) of subsection one of this section.