38Suspension of covenants, agreements and instruments

38 Suspension of covenants, agreements and instruments

38 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land within the Edmondson Park South site to be carried out in accordance with this Appendix or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) This section does not apply—

(a) to a covenant imposed by the relevant council or that the relevant council requires to be imposed, or

(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g) to any planning agreement within the meaning of Division 7.1 of the Act.

(3) This section does not affect the rights or interests of any public authority under any registered instrument.

(4) Under section 28 of the Act, the Governor, before the making of this section, approved of subsections (1)–(3).

Note.

This section does not affect the operation of any conservation agreement between the Commonwealth and this State made under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.