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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 74I Registration of notice

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 74I

Registration of notice

(1)  In this section, unless the contrary intention appears –
register means the register kept under the Land Titles Act 1980 .
(2)  As soon as practicable after a notice has been served on a person in respect of an area of land, the Director is to lodge a copy of the notice, together with the particulars of title of the land, with the Recorder of Titles.
(3)  If the land to which a notice relates is not under the Land Titles Act 1980 , the Recorder of Titles, as soon as practicable after the copy of the notice and particulars are lodged with him or her is to –
(a) register the copy of the notice in the Registry of Deeds; and
(b) bring the land under that Act as if an application had been made in relation to that land under section 11 of that Act.
(4)  For the purposes of subsection (3) , the Recorder of Titles is not bound to investigate the title of any land.
(5)  On the lodgment under subsection (2) of a copy of a notice and particulars in relation to land that is under the Land Titles Act 1980 , the Recorder of Titles is to register the notice against the relevant folio of the register as if it were a dealing, within the meaning of that Act, lodged in accordance with that Act.
(6)  While a notice registered by the Recorder of Titles remains so registered against the relevant folio of the register, the notice –
(a) remains in force despite any subsequent disposition of the land to which it relates or any other dealing in that land; and
(b) continues to bind the person on whom it was served; and
(c) after a disposition of the land to which it relates, also binds any person who subsequently becomes the owner or occupier of that land if the notice specifies that it binds any person who becomes the owner or occupier of that land after its issue; and
(d) operates as the basis for a charge on the land, as provided by section 74V , securing payment to the Director of reasonable costs and expenses incurred in doing work or taking action if a person served with the notice fails to comply with it.
(7)  If a copy of a notice is lodged under this section for registration under the Land Titles Act 1980 or in the Registry of Deeds by the Recorder of Titles, the Recorder is entitled to assume that all necessary pre-requisites and procedures in respect of the notice have been complied with.