Part 14Land management agreements

Part 14—Land management agreements 192—Land management agreements (1) A designated authority may enter into an agreement relating to the development, management, preservation or conservation of land with the owner of the land. (2) Subject to subsection (3), a greenway authority may enter into an agreement relating to the management, preservation or conservation of land with the owner of the land if— (a) the land comprises a greenway, or part of a greenway, for which the authority is responsible; or (b) where the land does not comprise a greenway—it is a term of an access agreement under the Recreational Greenways Act 2000 that the greenway authority will enter into the agreement. (3) A greenway authority that is not the Minister under the Recreational Greenways Act 2000 may only enter into an agreement under subsection (2) if the agreement has been approved by that Minister. (4) A designated authority must, in considering whether to enter into an agreement under this section which relates to the development of land and, if such an agreement is to be entered into, in considering the terms of the agreement, have regard to— (a) the provisions of the Planning and Design Code and to any relevant development authorisation under this Act; and (b) the principle that the entering into of an agreement under this section by the designated authority should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under this Act. (5) Agreements entered into under this section must be registered in accordance with the regulations (but the fact that an agreement is not registered does not affect its validity or effect). (6) A register must be kept available for public inspection (without charge) in accordance with the regulations. (7) A person is entitled, on payment of the prescribed fee, to a copy of an agreement registered under subsection (5). (8) A designated authority or a greenway authority has power to carry out on private land any work for which provision is made by agreement under this section. (9) An agreement under this section may include an indemnity from a specified form of liability or right of action, a waiver or exclusion of a specified form of liability or right of action, an acknowledgment of liability, or a disclaimer, on the part of a party to the agreement. (10) A provision under subsection (9) may be expressed to extend to, or to be for the benefit of, a person or body who or which is not a party to the agreement and, in such a case, the person or body may enforce, or obtain the benefit of, the provision as if the person or body were a party to the agreement. (11) An owner of land must not enter into an agreement under this section unless all other persons with a legal interest in the land consent. (12) The Registrar-General must, on an application of a party to an agreement made for the purposes of this section, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. (13) An agreement under this section has no force or effect under this Act until a note is made under subsection (12). (14) Where a note has been entered under subsection (12), the agreement is binding on the current owner of the land whether or not the owner was the person with whom the agreement was made and notwithstanding the provisions of the Real Property Act 1886. (15) The Registrar-General must, if satisfied on the application of a designated authority or greenway authority, or the owner of the land, that an agreement in relation to which a note has been made under this section has been rescinded or amended, enter a note of the rescission or amendment against the instrument of title, or against the land. (16) An agreement under this section may provide for remission of rates or taxes on the land but, except as so provided, such an agreement does not affect the obligations of an owner of land under any other Act. (17) An agreement under this section entered into by a council or greenway authority must not provide for the remission of rates or taxes payable to the Crown unless the Minister consents to the remission, and such an agreement entered into by the Minister must not provide for the remission of rates or taxes payable to a council unless the council consents to the remission. (18) The existence of an agreement under this section may be taken into account when assessing an application for a development authorisation under this Act. (19) In this section— (b) another Minister designated by the Governor, by notice published in the Gazette, as being a designated authority for the purposes of this section; or (c) a council; greenway authority means— (a) the Minister for the time being administering the Recreational Greenways Act 2000; or (b) an association incorporated under the Associations Incorporation Act 1985 that has been approved by the Minister referred to in paragraph (a) as a greenway authority for the purposes of this definition; owner of land includes— (a) a person who has the care, control or management of a reserve; or (b) a mortgagee in possession of the land. 193—Land management agreements—development applications (1) Subject to this section, a designated authority may enter into an agreement under this section with a person who is applying for a development authorisation under this Act that will, in the event that the relevant development is approved, bind— (a) the person; and (b) any other person who has the benefit of the development authorisation; and (c) the owner of the relevant land (if he or she is not within the ambit of paragraph (a) or (b) and if the other requirements of this section are satisfied). (2) An agreement under this section may relate to any matter that the person applying for the development authorisation and the designated authority agree is relevant to the proposed development (including a matter that is not necessarily relevant to the assessment of the development under this Act). (3) However, the parties proposing to enter into an agreement must have regard to— (a) the provisions of the Planning and Design Code; and (b) the principle that the entering into of an agreement under this section by the designated authority should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under this Act. (4) An agreement under this section cannot require a person who has the benefit of the relevant development authorisation to make a financial contribution for any purpose that is not directly related to an issue associated with the development to which the agreement relates. (5) Agreements entered into under this section must be registered in accordance with the regulations (but the fact that an agreement is not registered does not affect its validity or effect). (6) A register must be kept available for public inspection (without charge) in accordance with the regulations. (7) A person is entitled, on payment of the prescribed fee, to a copy of an agreement registered under subsection (5). (8) A development to which an agreement under this section relates cannot be commenced pursuant to the relevant development approval unless or until the agreement has effect under this section. (9) An agreement under this section does not have effect unless or until it is noted against the relevant instrument of title or land under this section. (10) If an owner of the land is not a party to an agreement, an application to note the agreement against the relevant instrument of title or the land cannot be made without the consent of the owner (and the owner has a discretion as to whether or not to give his or her consent under this subsection). (11) An owner of land must not enter into an agreement, or give a consent under subsection (10), unless all other persons with a legal interest in the land consent. (12) A consent must be given in a manner and form determined by the Registrar‑General. (13) If the Registrar-General is satisfied that the requirements of this section have been satisfied, the Registrar-General must, on an application of a party to an agreement, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. (14) Where a note has been entered under subsection (13), the agreement is binding on the current owner of the land whether or not the owner was an initial party to the agreement or the person who gave any consent for the purposes of subsection (10), and notwithstanding the provisions of the Real Property Act 1886. (15) The Registrar-General must, if satisfied on the application of a party to the agreement, the Minister, or any owner of the relevant land, that an agreement under this section has been rescinded or amended, enter a note of the rescission or agreement against the instrument of title, or against the land. (16) If an agreement under this section does not have effect under this section (see subsection (9)) within the period prescribed by the regulations, the designated authority may, by notice given in accordance with the regulations, lapse the relevant development approval (and the agreement will then be rescinded by force of this subsection). (17) Despite a preceding subsection, an agreement under this section cannot make provision with respect to any matter excluded from the ambit of this section by the regulations. (18) Nothing in this section affects or limits the operation of section 192. (19) In this section— (b) another Minister designated by the Governor, by notice published in the Gazette, as being a designated authority for the purposes of this section; or (c) a council.