Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
Registrar means the Registrar of Titles or
Registrar of Deeds, according to which of them is responsible for registering
a memorial referred to in this section;
water services charge , in relation to land, means
a charge made under the Water Agencies (Powers) Act 1984 in respect of
that land relating to —
(a) the
provision of a water supply under the Country Areas Water Supply Act 1947
;
(b) the
provision of sewerage under the Country Towns Sewerage Act 1948 ; or
(c) the
provision, under the Metropolitan Water Supply, Sewerage, and
Drainage Act 1909 or the Metropolitan Water Authority Act 1982 , of
any water services as defined in section 3(1) of the Water Agencies
(Powers) Act 1984 ,
and includes an amount owing for a combination of
those charges and also includes interest on any amount owing.
(2) This section does
not apply to a prescribed licensee or a licensee belonging to a prescribed
class of licensees.
(3) If, in relation to
any land, the payment of an amount due to a licensee in respect of any water
services charge is in arrears, the licensee may lodge a memorial to that
effect with the Registrar who, on payment of the prescribed fee, is to
register the memorial and make appropriate endorsements on the title and
records relating to that land.
(4) Until the memorial
is withdrawn under subsection (5), the Registrar is not to register,
without the written consent of the licensee, an instrument affecting the land
that was lodged for registration after the memorial was lodged.
(5) If the payment of
an amount referred to in a memorial registered under subsection (3) is no
longer to any extent in arrears, the licensee is to withdraw the memorial by
delivering to the Registrar a withdrawal of memorial signed by an authorised
officer of the licensee, and the Registrar is then to record the withdrawal of
memorial on the title and records relating to the land.
(6) A memorial under
subsection (3) or withdrawal of memorial under subsection (5) is to
be in a form approved by the Registrar.
[Section 44F inserted by No. 25 of 2005
s. 66.]