South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 94

94—Registration of environment protection orders in relation to land

        (1)         Where an environment protection order has been issued under this Division, the Authority or, if the order was issued by another administering agency, that administering agency may do either or both of the following:

            (a)         if the order was issued in relation to an activity carried on on land or an activity previously carried on on land—apply to the Registrar-General for registration of the order in relation to that land;

            (b)         apply to the Registrar-General for registration of the order in relation to land owned by a person to whom the order was issued.

        (2)         The application must—

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

            (b)         state that registration of the environment protection order in relation to the land—

                  (i)         will, by virtue of subsection (4), result in the order becoming binding on each owner and occupier from time to time of the land or each owner from time to time of the land (as the case may require); or

                  (ii)         is to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority or other administering agency of costs and expenses incurred in the event of non-compliance with the requirements of the order,

or both, as the case may require.

        (3)         The Registrar-General must on—

            (a)         application by the Authority or another administering agency under subsection (1); and

            (b)         lodgement of a copy of the environment protection order,

register the order in relation to the land 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 he or she thinks fit.

        (4)         Where—

            (a)         an environment protection order has been issued in relation to an activity carried on on land or an activity previously carried on on land; and

            (b)         the order is registered under this section in relation to the land,

the following provisions apply:

            (c)         the order is binding on—

                  (i)         in the case of an environment protection order issued in relation to an activity carried on on land—each owner and occupier from time to time of the land; or

                  (ii)         in the case of an environment protection order issued in relation to an activity previously carried on on land—each owner from time to time of the land,

and this Division (including subsection (1)(b)) applies as if the order had been issued to each such person;

            (d)         if such a person ceases to own or occupy the land (as the case may be), he or she must, as soon as reasonably practicable, notify the Authority or, if the order was issued by another administering agency, that administering agency, in writing of the name or address of the new owner or occupier.

        (4a)         If an environment protection order is registered under this section in relation to land, the Authority or, if the order was registered by another administering agency, that administering agency must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (4).

        (4b)         A notice to be given to the occupier of land under subsection (4a) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land.

        (5)         A person who fails to comply with subsection (4)(d) is guilty of an offence.

Maximum penalty: $4 000.

        (6)         The Registrar-General must, on application by the Authority or, if the order was issued by another administering agency, that administering agency, cancel the registration of an environment protection 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.

        (7)         The Authority or another administering agency may, if it thinks fit, apply to the Registrar-General for cancellation of the registration of an environment protection order that has been registered in relation to land on the application of the Authority or other administering agency (as the case may be), and must do so—

            (a)         on revocation of the order; or

            (b)         on full compliance with the requirements of the order; or

            (c)         where the Authority or other administering agency takes action under this Division to carry out the requirements of the order—on payment to the Authority or other administering agency of the amount recoverable by the Authority or other administering agency under this Division in relation to the action so taken.