New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 87

87 Charge on property subject to restraining orders

(1) If:

(a) a court has made a restraining order in respect of particular property or all of the property of the defendant, and

(b) the court orders the payment of an amount referred to in section 95 or 96,

there is created by force of this section, on the making of the order referred to in paragraph (b), a charge on all the property to which the restraining order applies to secure the payment to the Environment Protection Authority or a person of the amount referred to in section 95 or 96.

(2) Such a charge ceases to have effect in respect of the property:

(a) on payment by the defendant to the Environment Protection Authority or person of the amount concerned, or

(b) on the sale or other disposition of the property with the consent of the court, or

(c) on the sale of the property to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,

whichever first occurs.

(3) Such a charge is subject to every charge or encumbrance to which the property was subject immediately before the order referred to in subsection (1) (b) was made and, in the case of land under the provisions of the Real Property Act 1900 , is subject to every mortgage, lease or other interest recorded in the Register kept under that Act.

(4) Such a charge is not affected by any change of ownership of the property, except as provided by subsection (2).

(5) If:

(a) such a charge is created on property of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, property of that kind, and

(b) the charge is so registered,

a person who purchases or otherwise acquires the property after the registration of the charge is, for the purposes of subsection (2), taken to have notice of the charge.

(6) If such a charge relates to land under the provisions of the Real Property Act 1900 , the charge has no effect until it is registered under that Act.