(1) This section applies if the land of an existing retirement village was
subject to a statutory charge under section 33 of the repealed Act immediately
before its repeal and either—
(b) a person’s right to reside in the
existing retirement village depends on the person holding a registered lease
over a part of the retirement village land.
(2) The operator of the existing
retirement village may apply to the chief executive to release the charge.
(3) The application must be in writing and state the particulars of a ground
mentioned in subsection (1) on which it is made.
(4) The chief executive’s
decision whether or not to release the charge must be made within 60 days of
the later of—
(a) the day the application is received; or
(b) if the
particulars with the application do not conform with the requirements of
subsection (3) and the chief executive requests further particulars, the day
the particulars are given.
(5) If the chief executive decides to release the
charge—
(a) the chief executive must, as soon as practicable after making
the decision, give the registrar of titles written notice that the charge is
released; and
(b) on receipt of the notice, the registrar of titles must
register the release of the charge.
(6) If the chief executive refuses to
release the charge, the chief executive must give the operator a signed notice
stating—
(a) the reasons for the refusal; and
(b) the operator may appeal
against the decision under section 29.
(7) Sections 29 to 33, other than
section 30(1)(b), apply to an appeal under subsection (6)(b) as if the
decision to refuse to release the charge were a decision to refuse an
application to register a retirement village.