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Review of Leasehold Restrictive Covenants

Review of Leasehold Restrictive Covenants

26 March 2013

A review of the restrictive land management covenants on some leasehold lands converted to freehold prior to April 2012, will benefit up to 2,000 landowners according to Deputy Premier and Minister for Regional Infrastructure and Services Andrew Stoner. 

In April 2012 the Government made it easier to convert perpetual leasehold land to freehold without a land management covenant, effectively removing some of the regulatory burden on farmers that had restricted productive use of the land.

In a further streamlining of the process, landholders who converted their leases under the previous government’s “Special Purchase Offer” are now able to apply to the NSW Department of Primary Industries Catchments and Land to have any existing restrictive covenants reviewed. 

“These changes to the perpetual lease conversion process remove many of the regulatory burdens on NSW farmers, while protecting lands that possess high conservation value,” Mr Stoner said. 

As has previously been the case, landowners can apply for a review or alter covenants already placed on title. Applications will now be assessed under the same framework announced in April and generally covenants will be removed except where the land is assessed as having high conservation value, typically land adjacent to national park or wilderness areas. 

An application fee of $356 will enable Crown Lands to assess the application and if approved, create a dealing to remove the restriction from your title. 

It is advisable to contact the Crown Lands Landscape Services Centre on 02 6883 3317 prior to making an application to remove covenants. The application form, with the application fee, should be lodged with the Department’s Landscape Services Centre. 

Further information can be found on the website at http://www.lpma.nsw.gov.au/crown_lands/perpetual_leases

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