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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 7 December 2017 to date (accessed 15 December 2017 at 05:38)
Part 2 Division 4 Section 42N
42N   Certain land dealing approval agreements to run with land
(1)  This section applies to a land dealing approval agreement if it imposes obligations as to the use, development or management of, or dealings with, land vested in, or formerly vested in, an Aboriginal Land Council.
(2)  A land dealing approval agreement may be registered under this section if the following persons agree to its registration:
(a)  the New South Wales Aboriginal Land Council,
(b)  if the agreement relates to land under the Real Property Act 1900, each person who is the registered proprietor of an estate or interest in the land,
(c)  if the agreement relates to land not under the Real Property Act 1900, each person who is a party to the agreement.
(3)  On lodgment by an Aboriginal Land Council of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the land dealing approval agreement:
(a)  by making an entry in the relevant folio of the Register if the agreement relates to land under the Real Property Act 1900, or
(b)  by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900.
(4)  A land dealing approval agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable by and against, the successors in title to the owner who entered into the agreement and those successors in title are taken to have notice of the agreement.
(5)  The Registrar-General may, on the request in writing of the Chief Executive Officer of the New South Wales Aboriginal Land Council, cancel the registration of a land dealing approval agreement.
(6)  A reference in this section to a land dealing approval agreement includes a reference to any agreement amending a land dealing approval agreement.
(7)  In this section:
successors in title includes a mortgagee, chargee, covenant chargee or other person in possession of land pursuant to a mortgage, charge, positive covenant or other encumbrance entered into before or after the registration of the land dealing approval agreement.