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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SW GAIC subject to staged payment is a charge on land

PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SW

GAIC subject to staged payment is a charge on land

    (1)     A growth areas infrastructure contribution subject to an approval under this Subdivision that has not been paid by the due date for payment 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.

    (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)     When a growth areas infrastructure contribution subject to a charge under this section is paid, 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).

    (8)     In this section a growth areas infrastructure contribution includes any interest payable under Subdivision 3, and the interest payable under section 201SV , relating to that contribution.

Subdivision 5—Certificates and notice issued by Commissioner relating to GAIC

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