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LOCAL LAND SERVICES ACT 2013 - SCHEDULE 3

LOCAL LAND SERVICES ACT 2013 - SCHEDULE 3

SCHEDULE 3 – Charges on land for unpaid amounts

(Section 94)

1 Definition

In this Schedule,
"compliance notice" means a notice under section 94 (Compliance notice--fencing).

2 Registration of compliance notices in relation to land

(1) Local Land Services or any other person that gives a compliance notice to the owner or occupier of land may apply to the Registrar-General for registration of the notice in relation to the land.
(2) An application under this clause must define the land.
(3) The Registrar-General must, on application under this clause and lodgment of the compliance notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit.
(4) If the notice relates to land under the provisions of the Real Property Act 1900 , the notice is to be registered under that Act.

3 Charge on land subject to compliance notice

(1) This clause applies where a compliance notice is registered under clause 2 in relation to land.
(2) There is created by force of this clause, on the registration of the notice, a charge on the land in relation to which the notice is registered to secure the payment to Local Land Services or the person that applied for registration of the notice of the amount specified in the notice.

4 When charge ceases to have effect

(1) A charge under clause 3 ceases to have effect--
(a) on payment to Local Land Services or the person concerned of the amount specified in the compliance notice, or
(b) on the sale or other disposition of the property with the written consent of Local Land Services or the person concerned, or
(c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,
whichever occurs first.
(2) The regulations may make provision for or with respect to the removal of a charge under this clause.

5 Charge subject to existing encumbrances

A charge under clause 3 is subject to every charge or encumbrance to which the land was subject before the notice was registered.

6 Registration of charge is notice

(1) If--
(a) a charge under clause 3 is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and
(b) the charge is so registered,
a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of clause 4, taken to have notice of the charge.
(2) A person who is taken to have notice of a charge under this clause is liable to pay the amount secured by the charge, or so much of it as remains outstanding, as if the person were the person originally liable for the amount.
(3) This clause does not have the effect of discharging the liability of a person who was originally or previously liable for the amount secured by the charge.