Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 79

Amount due to Secretary is a charge on land

79. Amount due to Secretary is a charge on land



(1) If-

   (a)  an agreement specifies an amount to be repaid by the land owner to the
        Secretary; or



   (b)  an agreement specifies an amount that becomes due to the Secretary
        upon default of the land owner and the land owner is in default under
        the agreement; or

   (c)  an amount is awarded against a land owner as damages for breach-

that amount is until recovered a charge on the land of the land owner.

(2) Land is so charged when the Secretary deposits with the Registrar of
Titles a certificate under seal describing the land to be charged and stating
the amount of the charge.







* * * * *

(4) The Registrar of Titles must make in the Register a recording of the
certificate lodged under this section.



(5) The Secretary must notify the land owner in writing that-

   (a)  its certificate has been deposited under this section; and

   (b)  the land is charged with the amount stated in the notice.

(6) When an amount due is paid or recovered the Registrar of Titles must, if
so required by the Secretary, delete the recording of the charge from the
Register or make a recording in the Register of the payment or recovery of the
charge.





(7) If-

   (a)  a charge under this section has been registered over land for at least
        12 months; and

   (b)  an amount is owing under the charge; and

   (c)  the Secretary-

   (i)  has attempted, but has failed to recover the amount owing under the
        charge; or

   (ii) has made the prescribed inquiries (if any) and all reasonable attempts
        to locate the land owner and believes that the land owner cannot be
        found- the Secretary may serve a notice of intention to sell the land.

(8) A notice under subsection (7) must-

   (a)  be in writing in the prescribed form; and

   (b)  be served by-

   (i)  displaying a copy of the notice on the land of the land owner not less
        than one month before the intended sale; and

   (ii) publishing a copy of the notice once in a newspaper circulating
        generally in the area in which the land is located and once in a
        newspaper circulating generally in the municipal district of the
        Melbourne City Council, not less than one month before the intended
        sale.

(8A) If the land to be sold is not under the Transfer of Land Act 1958, it
must be brought under that Act before it is sold.



(9) Section 77 of the Transfer of Land Act 1958 applies to the sale as if-

   (a)  the charge were a registered first mortgage, registered in priority to
        other registered encumbrances; and

   (b)  the Secretary were a mortgagee under that mortgage; and



   (c)  the requirement relating to the giving of notice were deleted.



* * * * *





(11) This section does not apply in relation to vested land within the meaning
of the Victorian Plantations Corporation Act 1993.