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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SQ Deferred GAIC becomes a charge on the land

PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SQ

Deferred GAIC becomes a charge on the land

S. 201SQ(1) substituted by No. 31/2011 s. 16(1), amended by No. 66/2016 s. 18.

    (1)     A growth areas infrastructure contribution that has been deferred under this Subdivision and that has not been paid by the due date for payment under section 201SP or  201SPAA is a charge on the land in respect of which the contribution is imposed.

    (2)     The charge has priority over all other encumbrances to which the land is subject.

S. 201SQ(3) amended by No. 31/2011 s. 16(2).

    (3)     If a bona fide purchaser for value of the land subject to the charge obtains a GAIC certificate from the Commissioner in respect of the land, the charge does not secure any amount of growth areas infrastructure contribution in respect of the land in excess of the amount set out in the certificate.

    (4)     The Commissioner may register a charge on land under subsection (1) by depositing with the Registrar of Titles a certificate describing the land charged and stating that there is an unpaid growth areas infrastructure contribution in respect of the land.

    (5)     The Registrar of Titles must, without charge, make a recording of a certificate under subsection (4) in the Register.

    (6)     If a growth areas infrastructure contribution subject to a charge under this section is paid or the liability to pay the contribution is extinguished, the Commissioner must request the Registrar of Titles—

        (a)     to remove or delete the charge; or

        (b)     to make a recording in the Register of the discharge of the charge.

    (7)     The Registrar of Titles must, without charge, comply with a request made by the Commissioner under subsection (6).

Subdivision 4—Staged payment of GAIC

S. 201SR inserted by No. 23/2010 s. 9.