New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 31

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.