Project No. 91
At the time of the reference, there was a perception that local governments did not have adequate power to control the development or use of land. There was also some concern over conflicts arising between restrictive covenants and town planning schemes. Ministers of the relevant government portfolios requested that the Attorney General submit the reference to the Commission for its consideration and advice.
In 1995, the Commission was asked to review the circumstances, if any, in which restrictive covenants should be used to restrict or regulate the subdivision, development or use of land or to preserve the amenity and aspect of land and, in particular, to consider:
The Attorney General received the final report and released it on 11 July 1997 for further public comment with submissions to be made before the end of November 1997. No action was taken prior to the receipt of these submissions and implementation of the recommendations was still under consideration in April 1998. To date, no action has been taken to implement any of the Commission’s recommendations.
Last updated: 31-Jan-2017
[ back to top ]