South Australian Consolidated Acts South Australian Consolidated Acts21A—Covenants to secure certain commitments
(1) SAHT may, as a
term of an agreement with another party that involves the provision of
financial or other assistance or support in the public, private or community
sectors, require that an instrument of covenant be registered under this
section in relation to specified land.
(2) The
covenant—
(a) may
do 1 or more of the following:
(i)
restrict the use of land and buildings;
(ii)
require that land only be occupied by a person who
satisfies criteria specified by the agreement;
(iii)
require the disclosure of specified information to—
(A) SAHT;
(B) a person who occupies land;
(C) a person who is seeking to occupy or
acquire land;
(iv)
make provision for any tenancy or other agreement
relating to the occupation of land;
(v)
provide for the management, preservation or development
of land;
(vi)
provide that land may only be sold to a person who
satisfies criteria specified in the agreement, and otherwise regulate or
restrict the sale of land;
(vii)
make provision for other matters that are contemplated
by, or necessary or expedient for the purposes of, the agreement (whether in
the form of a positive covenant or a negative covenant); and
(b) may
be registered and have effect under the terms of this section so as to bind
subsequent owners of the land despite the fact that the covenant does not
benefit land of SAHT.
(3) The
Registrar-General must, on an application of a person who is a party to an
agreement under this section, register a covenant under this section on the
relevant instrument of title or, in the case of land not under the provisions
of the Real Property Act 1886 , against the land.
(4) A covenant, once
registered, is binding on any person who is for the time being an owner of the
land in relation to which the covenant is registered, whether or not the
person was the person with whom the agreement was made or who effected the
registration of the covenant (and despite any other Act or law).
(5) The owner of land
and SAHT may, by instrument in writing executed by both parties—
(a) vary
a covenant by registration of an instrument of variation; or
(b)
discharge a covenant by registration of an instrument of discharge,
(with registration being effected in the same manner as the original
registration of the covenant).
(6) The
Registrar-General may, in connection with an application to register an
instrument under subsection (3) or (5)—
(a)
require the application to be made in a manner and form determined by the
Registrar-General; and
(b)
require the application to be accompanied by such information or other
instrument specified by the Registrar-General; and
(c)
require the payment of a fee prescribed by the regulations.