Cost under biosecurity order a charge over land
381 Cost under biosecurity order a charge over land
This section applies if an amount, including any interest on the amount, (the unpaid amount) is payable to a local government by the recipient under a biosecurity order relating to a failure to discharge a general biosecurity obligation on land owned by the recipient.
The unpaid amount is a charge on the land.
The local government may register the charge over the land by lodging the following documents with the registrar of titles—
a request to register the charge over the land, in the appropriate form;
a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.
After the charge is registered over the land, the charge has priority over all other encumbrances over the land other than—
encumbrances in favour of the State or a government entity; and
rates payable to the local government.
If the unpaid amount is paid, the local government must lodge the following documents with the registrar of titles—
a request to release the charge over the land, in the appropriate form;
a certificate signed by the local government’s chief executive officer stating the unpaid amount has been paid.
This section does not limit any other remedy the local government has to recover the unpaid amount.
This Act’s bill:Explanatory memorandumSecond reading speech
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