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SOIL AND LAND CONSERVATION ACT 1945 - SECT 36

SOIL AND LAND CONSERVATION ACT 1945 - SECT 36

36 .         Expense to be charge on land

        (1A)         Where land in respect of which expense is incurred under section 35 of this Act is under the operation of the Transfer of Land Act 1893 or is the subject of a lease or licence under the Land Administration Act 1997 , the Commissioner may give to the Registrar of Titles notice that expense has been so incurred and that so much of the expense as is specified in the notice is owing in respect of the land, specifying it, and upon receipt of the notice the Registrar of Titles is authorised to register it by making a memorandum of the notice in the Register.

        (1B)         Where land in respect of which expense is incurred under section 35 of this Act is alienated from the Crown but is not under the Transfer of Land Act 1893 , the Commissioner may register under the Registration of Deeds Act 1856 , a memorial that expense has been so incurred and that so much of the expense as is specified in the memorial is owing in respect of the land, specifying it.

        (1D)         Where a notice or memorial is so registered, the amount of the expense specified in the notice or memorial together with interest on that amount or the balance thereof owing for the time being at such rate not exceeding 4% per annum, as the Commissioner fixes with the approval of the Minister, becomes on registration a first charge on the land mentioned therein and ranks in priority to all other mortgages, charges and encumbrances on that land except mortgages and charges created in favour of the Crown before the registration of the notice or memorial.

        (2)         Where default is made in the payment of any amount in respect of which a notice or memorial is so registered or the interest on that amount, the Commissioner —

            (a)         has and may exercise in respect of the land specified in the notice if it is land under the operation of the Transfer of Land Act 1893 , the powers conferred by that Act upon a mortgagee under a mortgage in respect of which default has been made in payment; and

            (b)         has and may exercise in respect of land specified in the memorial if it is land alienated from the Crown but not under the operation of that Act, those powers but with such adaptations and modifications as are necessary because the land is not under the operation of that Act; and

            (c)         has and may exercise in respect of land specified in the memorial if it is land the subject of a lease or licence under the Land Administration Act 1997 , the powers conferred by the Land Administration Act 1997 , upon a mortgagee under a mortgage in respect of which default has been made in payment.

        (3)         When the amount for which a notice or memorial is so registered is fully paid the Commissioner —

            (a)         shall, if the land in respect of which the notice is registered is under the operation of the Transfer of Land Act 1893 or is the subject of a lease or licence under the Land Administration Act 1997 , give notice in writing of the payment in full of the amount to the Registrar of Titles who is authorised thereupon to register it in the Register; or

            (b)         shall, if the land in respect of which the memorial is registered is alienated from the Crown, but is not under the operation of that Act, register a memorial under the Registration of Deeds Act 1856 , of the payment in full of the amount,

                and upon registration of the notice or the memorial, as the case may be, the land ceases to be subject to the charge.

        (4)         Notices, memorials, and registrations under this section are exempt from duty under the Duties Act 2008 and registration fees.

        [Section 36 inserted: No. 32 of 1958 s. 8; amended: No. 46 of 1988 s. 16; No. 6 of 1994 s. 13; No. 14 of 1995 s. 44; No. 81 of 1996 s. 153(1); No. 31 of 1997 s. 81(6), (7) and 141; No. 12 of 2008 Sch. 1 cl. 35; No. 19 of 2010 s. 51.]