South Australian Current Acts

HOUSING IMPROVEMENT ACT 2016 - SECT 16

16—Registration of housing assessment order, housing improvement order or housing demolition order

        (1)         If a housing assessment order, housing improvement order or housing demolition order has been issued to a person in respect of residential premises, the Minister may apply to the Registrar-General for registration of the order in relation to land owned by the person on which the premises are located.

        (2)         An application under this section must be in a form approved by the Registrar-General and must—

            (a)         describe the land to which it relates; and

            (b)         do either or both of the following as the case may require:

                  (i)         state that the registration of the order in relation to the land will, by virtue of subsection (5), result in the order becoming binding on each owner from time to time of the land;

                  (ii)         state that the registration of the order in relation to the land will operate as a charge on the land, securing payment to the Minister of costs and expenses incurred by the Minister or by an authorised officer or other person acting on behalf of or under the authority of the Minister in taking action in the event of non-compliance with requirements of the order or in taking action in pursuance of the order.

        (3)         An application must be accompanied by—

            (a)         a copy of the housing assessment order, housing improvement order or housing demolition order; and

            (b)         such information or material as the Registrar-General may require.

        (4)         The Registrar-General must, on application by the Minister in accordance with this section, register the relevant order by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar-General thinks fit.

        (5)         If a housing assessment order, housing improvement order or housing demolition order is registered under this section in relation to land, the order is binding on each owner from time to time of the land, and this Division applies as if the order had been issued to each owner.

        (6)         If a housing assessment order, housing improvement order or housing demolition order is registered under this section in relation to land, the Minister must, as soon as reasonably practicable, notify, in writing, each owner of the land, and each registered mortgagee or encumbrancee (if any) of the land, of the registration.

        (7)         The Registrar-General must, on application by the Minister, cancel the registration of a housing assessment order, housing improvement order or housing demolition order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.

        (8)         The Minister must make an application under subsection (7)—

            (a)         if, to the extent that may be relevant to the grounds on which the order was registered, the requirements of the order have been satisfied; and

            (b)         if the Minister takes action under this Division to carry out the requirements of the order—on payment to the Minister of the amount recoverable by the Minister under this Division in relation to the action so taken.