Part 7: Conservation Covenants Section 129: Modification of obligation by agreement
Subsection (1) creates a means of modifying an obligation by agreement between the responsible body and a landowner bound by (or having the benefit of) an obligation under a conservation covenant. The power can be exercised in relation to any of the land in respect of which the landowner is bound by, or entitled to the benefit of, the obligation under the conservation covenant.
	Subsection (2) means that an obligation under a conservation covenant cannot be modified such that, had the relevant provision (as modified) been included in the original agreement, it would not have met the qualifying conditions for having effect as a provision of a conservation covenant (that is, the conditions in subsection 117(1)(a)). For example, an obligation could not be modified so that it does not serve a conservation purpose.
	Subsection (3) sets out the requirements for the form and content of the agreement; it must be executed as a deed by the parties and identify the relevant land, obligation and qualifying estate. Subsection (4) provides that any modification will bind the parties to the agreement and their successors in respect of any of the land to which the modification relates.
	For example, X enters into a conservation covenant and then transfers part of the land to Y, leases another part to Z, and retains part of the land. The original obligation may, following devolution of parts of the original landowner’s interest, bind X, Y and Z. X then enters into an agreement with the responsible body to modify the obligation. This particular modification will only bind X. It will not bind Y and Z as they are not parties to the modification agreement. In the case of X (and his or her successors), the obligation under the conservation covenant is then read with the modification. In the case of Y and Z (and their successors), the obligation under the covenant has effect without modification.
	Rules 8(1) and (2) of the Local Land Charges Rules 1977 require details to be given to the registering authority in relation to the Local Land Charges Register following the modification of a registered charge.