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s 7

Creation of chief executive’s charge

In force
Part 2Homes and home sites
Division 3Automatic conversion of residential leases to freehold land
Subdivision 2Process for automatic conversion of residential leases to freehold land

7 Creation of chief executive’s charge

(1)

This section applies if the conversion cost for an unconverted lease is not paid to the chief executive before a deed of grant is issued under section 6B(3) for the land contained in the lease.

(2)

The deed of grant is subject to a charge (the chief executive’s charge) in favour of the chief executive securing payment of the conversion cost.

(3)

The charge is binding on the registered owner to whom the deed of grant is issued and the registered owner’s successors in title.

(4)

The chief executive must, when the deed of grant is lodged with the registrar of titles, give written notice to the registrar stating—

(a)

the conversion cost for the lease; and

(b)

the last day of the payment period for the deed of grant.

(5)

The registrar of titles must—

(a)

record the chief executive’s charge in the freehold land register; and

(b)

while the charge is recorded in the freehold land register, keep a record of the information given to the registrar under subsection (4).

(6)

No fee is payable for recording the chief executive’s charge in the freehold land register.

(7)

For the Local Government Act 2009, the chief executive’s charge is an encumbrance conferring rights on the State.

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