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BIOSECURITY ACT 2015 - SECT 327
Registration of cost recovery order as charge on land
(1) The Secretary may apply to the Registrar-General for registration of any
unpaid amount under a cost recovery order in relation to any land owned by the
person from whom that amount is recoverable (including any land owned jointly
with another person).
(2) An application under this section must define the
land to which it relates.
(3) The Registrar-General must, on application
under this section and lodgment of a copy of the relevant cost recovery order,
register the order in relation to the land in such manner as the
Registrar-General thinks fit.
(4) There is created by force of this section,
on the registration of the order, a charge on the land in relation to which
the order is registered to secure the payment to the Secretary of the amount
payable under the order.
(5) Such a charge ceases to have effect in relation
to the land-- (a) on payment to the Secretary of the amount payable under the
cost recovery order, or
(b) on registration of the cancellation of the
charge, made at the request of the Secretary, or
(c) on the sale or other
disposition of the property with the consent of the Secretary, or
(d) on the
sale of the land to a purchaser in good faith for value who, at the time of
the sale, has no notice of the charge,
whichever first occurs.
(6) Such a
charge is subject to every charge or encumbrance to which the land was subject
immediately before the order was registered and, in the case of land under the
provisions of the Real Property Act 1900 , is subject to every prior
mortgage, lease or other interest recorded in the Register kept under that
Act.
(7) Such a charge is not affected by any change of ownership of the
land, except as provided by subsection (5).
(8) If-- (a) such a charge is
created on land of a particular kind and the provisions of any law of the
State provide for the registration of title to, or charges over, land of that
kind, and
(b) the charge is so registered,
a person who purchases or
otherwise acquires the land after the registration of the charge is, for the
purposes of subsection (5), taken to have notice of the charge.
(9) If such a
charge relates to land under the provisions of the Real Property Act 1900 ,
the charge has no effect until it is registered under that Act.
(10) The
Secretary may, at any time, request the Registrar-General to cancel a charge
registered under this section.
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