Registration of this Deed. The Parties agree this Deed is to be registered by the Registrar General as provided for in Section 93H of the Act. The Developer warrants that it has done everything necessary to enable this Deed to be registered under Section 93H of the Act. Without limiting clause 17.2, the Developer warrants that it has obtained the express written consent to the registration of this Deed under Section 93H of the Act from: If this Deed relates to land under the Real Property ▇▇▇ ▇▇▇▇, each person who has an estate or interest in the Land registered under that Act; or If this Deed relates to land not under the Real Property ▇▇▇ ▇▇▇▇, each person who is seized or in possessed of an estate or interest in the Land. As soon as possible after the issue of the Development Consent and in any event prior to the issue of any Construction Certificate, the Developer will at its cost arrange to: deliver to Council the Registration Application in registrable form for endorsement by Council; and take any other necessary action so as to ensure this Deed is registered on the title to the Land with the Registrar General prior to the issue of any Construction Certificate. The Parties will co-operate with each other to ensure that the Deed is registered by the Registrar General. Upon payment of the Development Contribution or surrender of the Development Consent, the Developer may request the removal of the dealing created by registration of the Deed from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Deed have been complied with and the Developer pays all costs, expenses and fees of the Council relating to such removal. Upon registration of this Deed by the Registrar General, this Deed is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Deed.
Appears in 1 contract
Sources: Planning Agreement
Registration of this Deed. The Developer acknowledges and agrees that this clause shall apply following gateway determination as to the Planning Proposal by the Minister as set out in s56 of the Act, the exhibition of the Planning Proposal and of the draft Planning Agreement. The Parties agree this Deed is to be registered by the Registrar General as provided for in Section 93H of the Act. The Developer warrants that it has done everything necessary to enable this Deed to be registered under Section 93H of the Act. Without limiting clause 17.217.3, the Developer warrants that it has obtained the express written consent to the registration of this Deed under Section 93H of the Act from: If this Deed relates to land under the Real Property ▇▇▇ ▇▇▇▇, each person who has an estate or interest in the Land registered under that Act; or If this Deed relates to land not under the Real Property ▇▇▇ ▇▇▇▇, each person who is seized or in possessed of an estate or interest in the Land. As soon as possible after the issue of the Development Consent and in any event prior to the issue of any Construction Certificatepossible, the Developer will at its cost arrange to: deliver to Council the Registration Application in registrable form for endorsement by Council; and take any other necessary action so as to ensure this Deed is registered on the title to the Land with the Registrar General prior to the issue of any Construction CertificateGeneral. The Parties will co-operate with each other to ensure that the Deed is registered by the Registrar General. Upon payment of the Development Contribution or surrender of a resolution by the Development ConsentCouncil that it will no longer pursue a Gazettal Notice, the Developer may request the removal of the dealing created by registration of the Deed from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Deed have been complied with and the Developer pays all costs, expenses and fees of the Council relating to such removal. Upon registration of this Deed by the Registrar General, this Deed is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Deed.
Appears in 1 contract
Sources: Planning Agreement