New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 24A

24A Retirement village land to be recorded on Register

(1) The operator of a retirement village must, in accordance with this section, notify the Registrar-General in writing that the land comprising the retirement village (or land that is part of the retirement village) is used as a retirement village.

Maximum penalty: 100 penalty units.

(2) Any such notice is to be provided:

(a) in the case of land that, immediately before the commencement of this section, was used as a retirement village-within 3 months after the commencement of this section, or

(b) in any other case-before entering into a residence contract with respect to residential premises on that land.

(3) Nothing in this section requires the operator of a retirement village to notify the Registrar-General before entering into a residence contract regarding residential premises on land that is already the subject of a recording under this section.

(4) Form of notice for recording The notice referred to in subsection (1) must be:

(a) in the form approved by the Registrar-General, and

(b) in the case of a notice relating to land under the Real Property Act 1900 -accompanied by the fee prescribed under that Act, and

(c) in the case of a notice relating to land not under the Real Property Act 1900 -accompanied by the fee prescribed under the Conveyancing Act 1919 .

(5) Registrar-General to record retirement village on Register On receipt of a notice under subsection (1), the Registrar-General is to make a recording on the relevant Register indicating that the land to which the notice relates comprises, or is part of, a retirement village.

(6) Operator to notify of recording being made As soon as practicable after the Registrar-General makes a recording under this section, the operator of the retirement village is to notify, in writing:

(a) the holder of any other registered interest in the land to which the recording relates, and

(b) the Residents Committee (if any) of the retirement village,

that the recording has been made.

(7) Operator to notify Registrar-General of certain changes The operator of a retirement village must notify the Registrar-General if any of the information contained in a notice lodged under subsection (1) ceases to be accurate by submitting a new notice under that subsection.

(8) Use of recording on Register Information that is recorded under this section may be used to establish a publicly available list of retirement villages.

(9) Application to remove recording A person may apply in writing to the Registrar-General for the removal of a recording made under this section.

(10) Form of application for removal of recording The application referred to in subsection (9) must be:

(a) in the form approved by the Registrar-General, and

(b) in the case of an application relating to land under the Real Property Act 1900 -accompanied by the fee prescribed under that Act, and

(c) in the case of an application relating to land not under the Real Property Act 1900 -accompanied by the fee prescribed under the Conveyancing Act 1919 .

(11) Registrar-General may remove recording If the Registrar-General receives an application referred to in subsection (9), the Registrar-General may, if satisfied that:

(a) there are no residential premises located on the land to which the recording relates that are the subject of a village contract, and

(b) there are no amounts outstanding that are payable under a village contract relating to residential premises located on the land to which the recording relates,

remove the recording to which the application relates.