AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 46

Registration of environment protection notices

(1)  Where an environment protection notice has been served on a person and the Director is of the opinion that the notice affects a title to land, the Director must, as soon as practicable after the environment protection notice is served –
(a) cause a copy of the notice to be forwarded to the owner of the land; and
(b) cause a copy of the notice, together with particulars of title, to be lodged with the Recorder of Titles.
(2)  Where the land to which the notice relates is not under the Land Titles Act 1980 , the Recorder of Titles must, as soon as practicable after lodgment of the notice and particulars of title –
(a) register the notice in the Registry of Deeds; and
(b) bring the land under that Act as if an application had been made in relation to that land under section 11 of that Act .
(3)  The Recorder of Titles is not bound for the purposes of subsection (2)(b) to investigate the title to any land.
(4)  The Recorder of Titles must register the environment protection notice as if it were a dealing, within the meaning of the Land Titles Act 1980 , lodged in accordance with that Act.
(5)  Where an environment protection notice has been registered by the Recorder of Titles –
(a) it remains in force notwithstanding any subsequent disposition of the land to which it relates or any other dealing in the land; and
(b) it operates as the basis for a charge on the land, as provided by this Division, securing payment to the Director of costs and expenses incurred in the event of a contravention of the notice.
(5A)  An environment protection notice that is registered under subsection (2) binds, to the extent specified in the notice, any person who –
(a) is the owner or occupier of the relevant area of land when the notice is registered; and
(b) becomes the owner or occupier of the relevant area of land after the notice has been registered –
as if the notice were served on that person.
(6)  Where –
(a) a registered notice is amended or revoked under section 44 ; or
(b) a registered notice has been complied with in full; or
(c) the Director has taken action under this Division to carry out the requirements of a registered notice and payment has been made to the Director of the amount recoverable under this Division in respect of that action –
the Director must deliver to the Recorder of Titles a certificate, in a form approved by the Recorder, certifying that the relevant event took place on the date specified in that certificate.
(6A)  In subsection (6)  –
registered notice means an environment protection notice that has been registered by the Recorder of Titles.
(7)  On receiving a certificate delivered under subsection (6) , the Recorder of Titles must amend or cancel the registration of the relevant environment protection notice and endorse the register book accordingly.
(8)  Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of any environment protection notice issued under this Division or as prejudicing or affecting the operation of any such notice.



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