Registration of site contamination assessment orders or site remediation orders in relation to land
103O Registration of site contamination assessment orders or site remediation orders in relation to land
Where a site contamination assessment order or site remediation order has been issued under this Division, the Authority may do either or both of the following:
if the order was issued to an owner or occupier of the site—apply to the Registrar‑General for registration of the order in relation to the site;
apply to the Registrar‑General for registration of the order in relation to land owned by a person to whom the order was issued.
An application under this section must—
describe the land to which it relates; and
do either or both of the following as the case may require:
state that the registration of the order in relation to the land will, by virtue of subsection (4), result in the order becoming binding on each owner from time to time of the land;
state that the registration of the order in relation to the land is to operate as the basis for a charge on land owned by the person to whom the order was issued, as provided by this Division, securing payment to the
Authority of costs and expenses incurred in taking action in the event of non‑compliance with requirements of the order or in taking action in pursuance of the order.
The Registrar-General must, on application by the Authority under subsection (1) and lodgement of a copy of the site contamination assessment order or site remediation order, register the 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 he or she thinks fit.
Where a site contamination assessment order or a site remediation order (other than an order authorising remediation of a site by authorised officers or other persons authorised by the Authority) was issued to an owner or occupier of the site and is registered under this section in relation to the site—
the order is binding on each owner from time to time of the site, and this Division applies as if the order had been issued to each owner;
and
a person who ceases to be an owner of the site must, as soon as reasonably practicable, notify the Authority in writing of the name and address of the new owner.
Where a site contamination assessment order or site remediation order is registered under this section in relation to a site, the Authority must, as soon as reasonably practicable, notify, in writing, each owner of the site of the registration and of the obligations of owners under subsection (4).
A person who fails to comply with subsection (4)(b) is guilty of an offence. Maximum penalty: $4 000.
The Registrar-General must, on application by the Authority, cancel the registration of a site contamination assessment order or site remediation 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.
The Authority may, if it thinks fit, apply to the
Registrar‑General for cancellation of the registration of a site contamination assessment order or site remediation order in relation to land, and must do so—
on revocation of the order; or
on full compliance with the requirements of the order;
or
if the Authority takes action under this Division to carry out the requirements of the order—on payment to the Authority of the amount recoverable by the Authority under this Division in relation to the action so taken.
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