New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 327

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.