Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a Commonwealth agency that executes a contract for the sale or lease to someone else of Commonwealth land that includes critical habitat for a listed threatened species or listed threatened ecological community. It does not matter whether the Commonwealth agency executes the contract for the Commonwealth or on its own behalf.
(2) The Commonwealth agency must ensure that the contract includes a covenant the effect of which is to protect the critical habitat.
(3) The Commonwealth agency must take reasonable steps to ensure as far as practicable that the covenant binds the successors in title of the buyer or lessee (as appropriate).