New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 569

569 Liability of the occupier

(1) A council may serve on an occupier of land a notice of the amount of any rate or charge unpaid in respect of the land or of the amount of any judgment given against a person for any rate or charge unpaid in respect of the land, if the person liable to pay the rate or charge:

(a) is resident outside New South Wales, or

(b) is unknown to the council, or

(c) has not been served in any legal proceedings for the recovery of the rate or charge after reasonable efforts have been made by or on behalf of the council to effect service, or

(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(e) dies, or

(f) has had judgment given against him or her for the amount of the rate or charge.

(2) The notice may demand that any rent in respect of the land is to be paid by the occupier to the council as it falls due in satisfaction of the rate, charge or judgment.

(3) The council may recover the amount of the rate, charge or judgment outstanding as a debt from the occupier if rent is not paid to the council in accordance with the demand.

(4) A payment under this section to the council discharges the payer from any liability to any person to pay the rent.