Queensland Consolidated Acts Queensland Consolidated Acts(1) Non-freehold land (other than a road for which a person does not hold a road licence) may be made the subject of a covenant by the registration of the document creating the covenant in the appropriate register.
(2) A document creating a covenant may be registered under this division only if the covenantee under the document is the State or another entity representing the State, or a local government.
(2A) A document creating the covenant may be registered even if the covenantor under the instrument is the same entity as the covenantee.
(3) Subject to subsection (4), a covenant to which non-freehold land is subject must be only for ensuring that the land may be transferred to a person only if there is also transferred to the person—
(a) other non-freehold land that is also the subject of the covenant; or
(b) a lot that, under the Land Title Act 1994, is the subject of the covenant; or
(c) non-freehold land mentioned in paragraph (a) together with a lot mentioned in paragraph (b).
(4) If non-freehold land is the subject of a lease, other than a trustee lease, or is land over which a person holds a road licence, a covenant to which the land is subject may—
(a) relate to the use of—
(i) the land or part of the land; or
(ii) a building, or building proposed to be built, on the land; or
(b) be aimed directly at preserving—
(i) a native animal or plant; or
(ii) a natural or physical feature of the land that is of cultural or scientific significance.
(5) A covenant under this division—
(a) may be a positive covenant or a negative covenant; and
(b) is binding on the covenantor and the covenantor's successors in title.
(6) The covenant must not prevent a person from—
(a) registering an interest under this Act; or
(b) exercising the person's rights under a registered interest; or
(c) releasing or surrendering a registered interest.
(7) The covenant must not—
(a) secure the payment of money or money's worth payable under a condition of a development approval, compliance permit or an infrastructure agreement under the Sustainable Planning Act 2009; or
Note—
See also, the Sustainable Planning Act 2009, sections 87 and 349.
(b) provide for anything capable of being the subject of a document creating an easement.
(8) For subsection (4)(a), the covenant relates to the use of the land, a part of the land, a building on the land or a building proposed to be built on the land, only if it provides for—
(a) a purpose for which the land, the part or the building must be used; or
Examples of covenants for paragraph (a)—
that a building on the land must be used for educational purposes
that the land must be used for noise attenuation purposes
(b) a purpose that is the only purpose for which the land, the part or the building may be used; or
Examples of covenants for paragraph (b)—
that a building on the land may be used only for residential purposes
that the land may be used only for organic farming
(c) a purpose for which the land, the part or the building must not be used.
Examples of covenants for paragraph (c)—
that a building on the land must not be used for a stated commercial purpose
that the land must not be used for industrial purposes
(9) For subsection (4)(a), the covenant does not relate to the use of the land, a part of the land, a building on the land or a building proposed to be built on the land, to the extent it provides for—
(a) an architectural, construction or landscaping standard for the land or building; or
(b) a statement, acknowledgement or obligation relating to the use of other land; or
Examples—
an acknowledgement that the land is in the vicinity of other land and that the other land is used for industrial purposes
a statement that the occupier of other land can not be made the subject of any proceedings relating to the occupier's use of that land
(c) a condition that must be complied with before the land can be used for a stated purpose or any purpose; or
Example—
a condition that a residence can not be built on the land until stated utility services are connected
(d) regulation of the conduct of the owner of the land, if the conduct is unrelated to, or is ancillary to, use of the land.
Examples for paragraph (d)—
an obligation not to start proceedings in relation to activities happening on other land
an obligation not to use the land for residential purposes unless a rainwater tank is installed
(10) In this section—
building means a fixed structure that is wholly or partly enclosed by walls and is roofed, and includes a part of a building.