PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 107
Charge on land subject to compliance cost notice
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 107
Charge on land subject to compliance cost notice
107 Charge on land subject to compliance cost notice
(1) Application of section This section applies where a compliance cost notice
is registered under section 106, on the application of a regulatory authority
or public authority, in relation to particular land owned by a person.
(2)
Creation of charge 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 regulatory authority or
public authority of the amount specified in the notice.
(3) When charge
ceases to have effect Such a charge ceases to have effect in relation to the
land--
(a) on payment to the regulatory authority or public authority of the
amount concerned, or
(b) on the sale or other disposition of the property
with the written consent of the 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) Charge is subject to
existing charges and encumbrances Such a charge is subject to every charge or
encumbrance to which the land was subject immediately before the notice was
registered.
(5) Charge not affected by change of ownership Such a charge is
not affected by any change of ownership of the land, except as provided by
subsection (3).
(6) Registration of charge is notice 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) Removal
of charge The regulations may make provision for or with respect to the
removal of a charge under this section.
(8) Recovery of costs relating to
charge A regulatory authority or public authority that lodges or registers a
compliance cost notice under section 106 may, by notice in writing, require
the person to whom the compliance cost notice was given to pay all or any of
the reasonable costs and expenses incurred by the authority in respect of the
lodgment or registration of the compliance cost notice and the registration of
any resulting charge (including the costs of discharging the charge). The
regulatory authority or public authority may recover any unpaid amounts
specified in the notice as a debt in a court of competent jurisdiction.
