New South Wales Consolidated Acts

LAND DEVELOPMENT CONTRIBUTION MANAGEMENT ACT 1970 - SECT 38

38 Contribution to be a first charge on land

(1) Contribution payable in respect of any land shall until it is paid be a first charge on that land in priority over all other encumbrances whatever, and notwithstanding any disposition of the land but subject to subsection (2) it shall continue to be liable in the hands of any purchaser or other holder for any contribution charged on it so long as the contribution remains unpaid.

(2) Where any land (in this subsection referred to as a "portion") is disposed of and that land formed part of land (in this subsection referred to as the "whole parcel") which immediately before the disposition was subject to a charge for an amount (in this subsection referred to as the "total charge") under this section:

(a) the portion shall be subject to a charge (as referred to in subsection (1)) for such amount as bears to the total charge the same proportion as the base date valuation of that portion bears to the base date valuation of the whole parcel, and

(b) the residue of the whole parcel shall be subject to a charge (as referred to in subsection (1)) for amount equal to the difference between the total charge and the charge to which the portion is subject by virtue of paragraph (a), in addition to any other charge to which the portion or residue of the whole parcel may become liable.

(3) A certificate under section 56 is, for the purpose of determining the amount of a charge on any declared land as at any date, conclusive evidence in favour of any person referred to in subsection (3) of that section that as at the date specified in the certificate there was no charge on the land other than a charge arising out of any matter specified in the certificate.