New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 46

46 Charge on land to secure payment of financial contribution

(1) The Minister may, for the purposes of this section, issue a notice as to any financial contribution payable under this Part (whether or not it has become payable).

(2) The Minister may, at the request of the local authority to whom the financial contribution is payable, apply to the Registrar-General for registration of the notice in relation to any land owned by a person that comprises all or any of the authorised timber plantation to which the notice relates.

(3) An application under this section must define, in the form and manner required by the Registrar-General, the land to which it relates.

(4) The Registrar-General must, on application under this section and lodgment of the notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit.

(5) If the notice relates to land under the provisions of the Real Property Act 1900 , the notice is to be registered under that Act.

(6) 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 of the financial contribution set out in the notice.

(7) Such a charge ceases to have effect in relation to the land:

(a) on payment of the amount of the financial contribution concerned, or

(b) on the sale or other disposition of the land with the written consent of the Minister, 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.

(8) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered.

(9) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (7).

(10) 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 (7), taken to have notice of the charge.

(11) The regulations may make provision for or with respect to the removal of a charge under this section.