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RETIREMENT VILLAGES ACT 1999 - SECT 231 Releasing certain existing charges

RETIREMENT VILLAGES ACT 1999 - SECT 231

Releasing certain existing charges

231 Releasing certain existing charges

(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section applies if the land of an existing retirement village was subject to a statutory charge under section 33 of the repealed Act immediately before its repeal and either—
(a) the existing retirement village is not a retirement village for this Act; or
(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.