A positive covenant may be created in a section 88B instrument requiring the proprietors of one or more specified parcels to clear and maintain a strip of land as a bushfire hazard protection zone within their land. The zone must be shown as a designated site on the face of the plan but may also be simply defined by description in the terms of the positive covenant, e.g:

'over the strip of land 30m wide adjoining the western boundary of the subject land'

The positive covenant can affect Torrens Title, Old System or Crown Title land. Where affecting Torrens land, the notification relating to the positive covenant will be entered on the folio(s) of the burdened lots(s) set out in the instrument.

The benefit of the positive covenant must be in favour of a prescribed authority, which is usually the local council or another statutory body. The section 88B instrument must be signed by that prescribed authority in the usual manner.

 

Publication Date: June 2025