RETIREMENT VILLAGES ACT 1986 - SECT 47 Transitional provision—Extinguishment of charge relating to residential care facilities—2005 Amendment Act

RETIREMENT VILLAGES ACT 1986 - SECT 47

    (1)     If, within 18 months of the commencement of section 3 of the 2005 Amendment Act, premises that were part of a retirement village, immediately before the commencement of that section, come to be taken not to be part of the retirement village, by virtue of the operation of section 46(c) or (d), the owner of the land on which the premises are situated may apply to the Director for a declaration that the charge, in so far as it applies to the land on which the premises are situated, is extinguished.

    (2)     An application under subsection (1)—

        (a)     must be in writing; and

        (b)     must include a statutory declaration signed by the owner of the land and stating that—

              (i)     the land is no longer used as a retirement village; and

              (ii)     the owner has notified all residents of the premises and all residents of the retirement village of which the premises was formerly a part explaining the consequences of making the declaration, in a form approved by the Director; and

              (iii)     the owner has no knowledge of any proceedings by a resident to obtain payment of a refundable in-going contribution or to enforce the charge; and

        (c)     must include a copy of the notice given to the residents referred to in paragraph (b); and

        (d)     if so required by the Director, must include any information that is reasonably necessary to establish the boundaries of the land to which the application relates and the use to which that land is put.

    (3)     The Director may grant or refuse an application under this section.

    (4)     On an application made in accordance with this section the Director may by instrument declare that a charge is extinguished in so far as it applies to the land to which the application relates if the Director is satisfied that the land is no longer a part of land used as a retirement village.

    (5)     If in respect of land charged under this Part there is produced to the Registrar of Titles a copy of the instrument in which the Director has made a declaration that the charge is extinguished, to the extent that it applies to the land that is the subject of an application under this section, the Registrar of Titles may delete any recordings of the charge from the Register or make a recording in the Register of the extinguishment of the charge.

S. 48 inserted by No. 4/2005 s. 21.