sec.107Valid use or preservation covenants

### sec.107 Valid use or preservation covenants A use or preservation covenant entered into in connection with a development application is of no effect unless the covenant is required under— a development condition; or an infrastructure agreement. If— the requirement for a use or preservation covenant under a development condition or infrastructure agreement is removed; or the development approval or infrastructure agreement lapses; the covenantee must register an instrument releasing the covenant. If a development condition or infrastructure agreement is changed in a way that affects rights or responsibilities under a use or preservation covenant— the covenantee and the covenantor must execute a valid instrument that amends the covenant to reflect the change; and the covenantor must register the instrument. In this section— register , an instrument, means register the instrument under the Land Act or Land Title Act . use or preservation covenant means a covenant under the Land Act , section 373A (5) (a) or (b) or the Land Title Act , section 97A (3) (a) or (b) . s 107 amd 2019 No. 11 s 231 s ch 1 pt 1 (sec.107-ssec.1) A use or preservation covenant entered into in connection with a development application is of no effect unless the covenant is required under— a development condition; or an infrastructure agreement. (sec.107-ssec.2) If— the requirement for a use or preservation covenant under a development condition or infrastructure agreement is removed; or the development approval or infrastructure agreement lapses; the covenantee must register an instrument releasing the covenant. (sec.107-ssec.3) If a development condition or infrastructure agreement is changed in a way that affects rights or responsibilities under a use or preservation covenant— the covenantee and the covenantor must execute a valid instrument that amends the covenant to reflect the change; and the covenantor must register the instrument. (sec.107-ssec.4) In this section— register , an instrument, means register the instrument under the Land Act or Land Title Act . use or preservation covenant means a covenant under the Land Act , section 373A (5) (a) or (b) or the Land Title Act , section 97A (3) (a) or (b) . - (a) a development condition; or - (b) an infrastructure agreement. - (a) the requirement for a use or preservation covenant under a development condition or infrastructure agreement is removed; or - (b) the development approval or infrastructure agreement lapses; - (a) the covenantee and the covenantor must execute a valid instrument that amends the covenant to reflect the change; and - (b) the covenantor must register the instrument.