New South Wales Consolidated Acts

LAND DEVELOPMENT CONTRIBUTION MANAGEMENT ACT 1970 - SECT 32

32 Default

(1) Where a contributor makes default in payment of contribution, then, without in any way releasing the contributor from liability (except to the extent of any payments deemed to be made on the contributor’s behalf as referred to in paragraph (b)), the following provisions shall apply as long as the default continues:

(a) if the contribution is payable in respect of land subject to any lease or occupied by any person, then the lessee or occupier shall be responsible for the payment of the contribution and it may be recovered from the lessee or occupier as if he or she were the defaulting contributor, and

(b) all payments made under this section by a lessee or occupier shall be deemed to be made on behalf of the defaulting contributor.

(2) The responsibility of the lessee or occupier under this section is limited to any rent or payments due by the lessee or occupier to the contributor at the time of demand made or action brought by or on behalf of the Authority or accruing due from time to time thereafter.

(3) Any payment to the Authority under this section shall be a valid discharge to the lessee or occupier for rent or payments due by the lessee or occupier to the contributor as against all other persons whomsoever.