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ENVIRONMENT PROTECTION ACT 1993 - SECT 101

ENVIRONMENT PROTECTION ACT 1993 - SECT 101

101—Registration of clean-up orders or clean-up authorisations in relation to land

        (1)         Where a clean-up order has been issued under this Division, the Authority or, if the order was registered by another administering agency, that administering agency may do either or both of the following:

            (a)         if the order was issued to a person requiring action to be taken in relation to land owned or occupied by the person—apply to the Registrar-General for registration of the order in relation to that land;

            (b)         apply to the Registrar-General for registration of the order in relation to land owned by a person to whom the order was issued.

        (2)         Where a clean-up authorisation has been issued under this Division, the Authority may apply to the Registrar-General for registration of the authorisation in relation to land owned by the person whose contravention gave rise to the issuing of the authorisation.

        (3)         An application under this section must—

            (a)         define the land to which it relates; and

            (b)         in the case of—

                  (i)         an application for registration of a clean-up order—state that registration of the order in relation to the land

                        (A)         will, by virtue of subsection (5), result in the order becoming binding on each owner and occupier from time to time of the land; or

                        (B)         is to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority or other administering agency of costs and expenses incurred in the event of non-compliance with requirements of the order,

or both, as the case may require; or

                  (ii)         an application for registration of a clean-up authorisation—state that registration of the authorisation in relation to the land is to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority of costs and expenses incurred in taking action in pursuance of the authorisation.

        (4)         The Registrar-General must on—

            (a)         application by the Authority or another administering agency under subsection (1) or the Authority under subsection (2); and

            (b)         lodgement of a copy of the clean-up order or clean-up authorisation,

register the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit.

        (5)         Where—

            (a)         a clean-up order has been issued to a person requiring action to be taken in relation to land owned or occupied by the person; and

            (b)         the order is registered under this section in relation to the land,

the following provisions apply:

            (c)         the order is binding on each owner and occupier from time to time of the land and this Division (including subsection (1)(b)) applies as if the order had been issued to each such person;

            (d)         an owner or occupier of the land who ceases to own or occupy the land must, as soon as reasonably practicable, notify the Authority or, if the order was issued by another administering agency, that administering agency, in writing of the name and address of the new owner or occupier.

        (5a)         If a clean-up order is registered under this section in relation to land, the Authority or, if the order was issued by another administering agency, that administering agency, must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (5).

        (5b)         A notice to be given to the occupier of land under subsection (5a) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land.

        (6)         A person who fails to comply with subsection (5)(d) is guilty of an offence.

Maximum penalty: $4 000.

        (7)         The Registrar-General must—

            (a)         on application by the Authority, cancel the registration of a clean-up order or clean-up authorisation that has been registered in relation to land; or

            (b)         if a clean-up order that has been registered in relation to land was issued by another administering agency, on application by the administering agency, cancel the registration of the clean-up order,

and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.

        (8)         The Authority or another administering agency may, if it thinks fit, apply to the Registrar-General for cancellation of the registration of a clean-up order or clean-up authorisation that has been registered in relation to land on the application of the Authority or other administering agency (as the case may be), and must do so—

            (a)         on revocation of the order or authorisation; or

            (b)         in relation to—

                  (i)         an order—

                        (A)         on full compliance with the requirements of the order; or

                        (B)         where the Authority or other administering agency takes action under this Division to carry out the requirements of the order—on payment to the Authority or other administering agency of the amount recoverable by the Authority or other administering agency under this Division in relation to the action so taken; or

                  (ii)         an authorisation—on payment to the Authority of the amount recoverable by the Authority under this Division in relation to the action taken in pursuance of the authorisation.