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Section 47

Provisions applicable to holdings under document of title

of Land (Group Settlement Areas) Act 1960

ActIn forceProvision 47 of 48
Section 47
(1)

In respect of a holding to which there is a document of title, the following provisions of this section shall apply.

(2)

Subject to this section, the National Land Code shall apply to the holding.

Land (Group Settlement Areas)

(3)

Express conditions and restrictions in interest endorsed on the document of title shall continue to run with the land until amended or rescinded pursuant to subsection (4) and shall be deemed to be express conditions and restrictions in interest imposed under the National Land Code.

(4)

So that the terms governing the holding will be in keeping with the fact that it is no longer part of a group settlement area, the State Authority may, with the consent in writing of the holder—

(a)

impose any category of land use on the holding;

(b)

rescind any express condition or restriction in interest endorsed on or referred to in the document of title to the holding;

(c)

subject to subsection 124(6) of the National Land Code, amend any express condition or restriction in interest endorsed on or referred to in the document of title to the land, or impose any new express condition.

(5)

Subsections 124(2), (3), (5) and (7) of the National Land

Code shall, with the necessary modifications, apply in consequence of a decision of the State Authority to act under subsection (4) of this section as they apply in consequence of the State Authority approving an application under subsection 124(1) of the Code.

(6)

The power of the State Authority under subsection (4) may be exercised only once in respect of a holding.