Western Australian Consolidated Acts

NATIONAL TRUST OF AUSTRALIA (W.A.) ACT 1964 - SECT 21A

21A .         Agreements with The Trust restricting use of land

        (1)         Where any person is willing to agree with The Trust that any land shall, so far as his interest in the land enables him so to bind it, be made subject either permanently or for a specified period to conditions restricting the planning, development or use thereof in any manner The Trust may, if it thinks fit agree to accept and accept a covenant from the person to that effect, in like manner and to the like extent as if The Trust were possessed of or entitled to or interested in adjacent land and as if the covenant had been and had been expressed to be entered into for the benefit of that adjacent land.

        (2)         Where the land to which a covenant accepted by The Trust pursuant to subsection (1) relates, is land under the Transfer of Land Act 1893 , the provisions of Division 3A of Part IV of that Act apply to and in relation to the registration, discharge, modification and dealing with that covenant and any restriction arising therefrom.

        (3)         Where the land to which a covenant accepted by The Trust pursuant to subsection (1) relates is not land under the Transfer of Land Act 1893  —

            (a)         the provisions of sections 129B and 129C of that Act, apply so far as they are capable of being applied, to and in relation to the discharge, modification and dealing with that covenant and any restriction therefrom as if the land were land under that Act; and

            (b)         the Registrar of Deeds and Transfers under the Registration of Deeds Ordinance 1856 , shall, upon the production of the memorial required under that Act, give due effect to any agreement duly made under section 129B of the Transfer of Land Act 1893 , as so applied, and any order of a judge made under section 129C of that Act as so applied.

        (4)         A covenant to which any land is subject pursuant to this section shall, unless a contrary intention is expressed, be deemed to be made by the covenantor on behalf of himself, his successors in title (including the owners and occupiers for the time being of the land) and the persons deriving title under him or them and unless a contrary intention is expressed, shall have effect as if such successors and other persons were expressed.

        [Section 21A inserted by No. 70 of 1970 s. 2.]