88Notification of restrictive covenants

88 Notification of restrictive covenants S. 88(1) amended by Nos 7130 s. 2(a), 18/1989 s. 12(Sch. 1 item 123), substituted by No. 80/2009 s. 44(1), amended by No. 70/2014 s. 18(1), substituted by No. 42/2017 s. 33(1). (1) The Registrar may record on the relevant folio of the Register the following— (a) subject to subsection (1A), a restrictive covenant, if all of the registered proprietors of the land to be affected by the covenant agree to the creation of the restrictive covenant; (b) subject to subsection (1A), (1B) and (1C), a variation or release of a recorded restrictive covenant. S. 88(1AA)(1AB) inserted by No. 80/2009 s. 44(1), repealed by No. 42/2017 s. 33(1). S. 88(1AC) inserted by No. 80/2009 s. 44(1), amended by No. 70/2014 s. 18(2), repealed by No. 42/2017 s. 33(1). S. 88(1A) inserted by No. 53/1988 s. 45(Sch. 2 item 87) (as amended by No 47/1989 s. 6(4)), amended by No. 48/1991 s. 51, substituted by No. 42/2017 s. 33(1). (1A) The Registrar must not, under this section, record a creation, variation or release of a restrictive covenant— (a) that is part of a plan under the **Subdivision Act 1988**; or (b) authorised by a planning scheme or permit under the **Planning and Environment Act 1987**. **Note** Creations, variations and releases of restrictive covenants created in plans under the **Subdivision Act 1988** and authorised by planning schemes and permits under the **Planning and Environment Act 1987** must be dealt with under the **Subdivision Act 1988**. S. 88(1B) inserted by No. 53/1988 s. 45(Sch. 2 item 87) (as amended by No. 47/1989 s. 6(4)), repealed by No. 80/2009 s. 44(2), new s. 88(1B) inserted by No. 42/2017 s. 33(1). (1B) A recording on a folio of a restrictive covenant created by a plan under the **Subdivision Act 1988** must not be amended or deleted by the Registrar under this section unless the restrictive covenant is varied or released by— (a) the agreement of all of the registered proprietors of the land affected by the covenant with the consent of the council of the municipal district in which the land is located; or (b) an order of a court or VCAT. S. 88(1C) inserted by No. 42/2017 s. 33(1). (1C) A recording on a folio of a restrictive covenant that was created in any way other than by a plan under the **Subdivision Act 1988** may be amended or deleted by the Registrar under this section if the restrictive covenant is varied or released by— (a) the agreement of all of the registered proprietors of the land affected by the covenant; or (b) an order of a court or VCAT. S. 88(2) amended by Nos 9324 s. 7(1)(a), 9976 s. 11, 18/1989 s. 12(Sch. 1 item 124), 42/2017 s. 33(2). (2) Where in pursuance of any Victorian or Commonwealth Act an easement or any other right over or affecting land is acquired (other than a tax or rate which need not be specially recorded in the Register) upon such easement or right being acquired the authority or person concerned may lodge with the Registrar a notification in an appropriate approved form specifying the volume and folium of any relevant folio of the Register and the Crown description of any land affected thereby; and the Registrar may on any relevant folio of the Register make an appropriate recording of such easement or right[[7]](#endnote-8). S. 88(3) amended by Nos 9324 s. 7(1)(b), 18/1989 s. 12(Sch. 1 item 125), 42/2017 s. 33(3). (3) Apart from the operation of Part III a recording in the Register of any such restrictive covenant easement or right shall not give it any greater operation than it has under the instrument or Act creating it. Pt 4 Div. 11 (Heading and ss 88A, 88B) inserted by No. 70/2014 s. 19.