New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 36D

36D Liability of incoming holder to pay arrears

(1) For the purposes of this section:

(a) "holding" means a holding of a prescribed class, and

(b) the amount due for payment in respect of a holding includes any amount that would, but for a deferment, postponement or funding granted or directed under this Act or the Crown Lands Acts, be due for payment in respect of the holding.

(2) A person who is the holder of a holding is liable to pay in respect of that holding any amount:

(a) due for payment under this Act, the Crown Lands Acts, the regulations under those Acts or any condition attaching to the holding, and

(b) unpaid when the person became the holder.

(3) If a person who is a holder pays, in respect of a holding, an amount (other than an amount that is attributable to rent or to interest charged under section 36C or to penalty interest for late payment charged under a condition attached to the holding) that, before the person became the holder of the holding, was due and unpaid under:

(a) this Act,

(b) the Crown Lands Acts,

(c) the regulations under this Act or the Crown Lands Acts, or

(d) any condition attached to the holding,

the person may recover the amount as a debt owed by the person who was the holder of the holding when the amount became due.

(4) If a person who is a holder pays, in respect of a holding, any amount:

(a) that is attributable to rent or to interest charged under section 36C or to penalty interest for late payment charged under a condition attached to that holding, and

(b) that, before the person became the holder of the holding, was due and unpaid under this Act, the Crown Lands Acts, the regulations under those Acts or any condition attached to the holding,

the person may recover an amount calculated under subsection (5) as a debt owed by the person who was the holder of that holding during the period in respect of which the amount paid was due.

(5) The amount recoverable from a person under subsection (4) is the remainder after deducting from the amount paid any part of it that, calculated on a daily basis, would be attributable to a period when the person was not the holder.

(6) For the purposes of, but without limiting, subsections (3), (4) and (5), a person:

(a) is a holder during a period determined under subsection (7), and

(b) is not a holder during a period determined under subsection (8).

(7) The period determined under this subsection:

(a) begins when the person acquires a right to be registered or recorded as the holder of an estate or interest in the holding, and

(b) ends when the person is registered or recorded as the holder of the estate or interest.

(8) The period determined under this subsection:

(a) begins when another person acquires a right to be registered or recorded as the holder of an estate or interest in the holding, and

(b) ends when the other person is registered or recorded as the holder of the estate or interest.

(9) Nothing in this section affects any agreement or any rule of law or equity with respect to the ultimate liability for payment of any amount due in respect of a holding.

(10) This section does not apply to a holding to which section 144 of the Crown Lands Act 1989 applies.