PESTICIDES ACT 1999 - SECT 31
Charge on land subject to compliance cost notice
PESTICIDES ACT 1999 - SECT 31
Charge on land subject to compliance cost notice
31 Charge on land subject to compliance cost notice
(1) This section applies
where a compliance cost notice is registered under section 30, on the
application of the Environment Protection Authority or a public authority, in
relation to particular land owned by a person.
(2) There is created by force
of this section, on the registration of the notice, a charge on the land in
relation to which the notice is registered to secure the payment to the
Environment Protection Authority or public authority of the amount specified
in the notice.
(3) Such a charge ceases to have effect in relation to the
land--
(a) on payment to the Environment Protection Authority or public
authority of the amount concerned, or
(b) on the sale or other disposition of
the land with the written consent of the Environment Protection Authority or
public authority, 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
first occurs.
(4) Such a charge is subject to every charge or encumbrance to
which the land was subject immediately before the notice was registered.
(5)
Such a charge is not affected by any change of ownership of the land, except
as provided by subsection (3).
(6) If--
(a) such a charge 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 subsection (3),
taken to have notice of the charge.
(7) The regulations may make provision
for or with respect to the removal of a charge under this section.
