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s 39D

Registration of orders by Registrar‑General

In force
Part 7Miscellaneous

39D Registration of orders by Registrar‑General

(1)

If—

(a)

the

Minister issues a protection order, repair order or restoration order under this Part; and

(b)

the order is issued in relation to an activity carried out on land, or requires the person to take action on or in relation to land, that constitutes a State Heritage Place, the

Minister may apply to the Registrar‑General for the registration of the order in relation to that land.

(2)

An application under this section must—

(a)

define the land to which it relates; and

(b)

comply with any requirement imposed by the Registrar‑General for the purposes of this section.

(3)

The

Registrar‑General must on—

(a)

due application under subsection (2);

and

(b)

lodgement of a copy of the relevant 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 the

Registrar‑General thinks fit.

(4)

The

Minister must, in accordance with the regulations, furnish to the

Registrar‑General notice of any variation of an order registered under this section.

(5)

An order registered under this section (as varied from time to time) is binding on each owner and occupier from time to time of the land.

(6)

The

Registrar‑General must, on application by the Minister, cancel the registration of an 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 the

Registrar‑General thinks fit.

(7)

The

Minister may, if the Minister thinks fit, apply to the

Registrar‑General for cancellation of the registration of an order under this section in relation to land, and must do so—

(a)

on revocation of the order; or

(b)

on full compliance with the requirements of the order; or

(c)

if the Minister has taken action under this Part to carry out the requirements of the order—on payment to the Minister of any amount recoverable by the Minister under this Part in relation to the action so taken.

(8)

The

Minister must, as soon as is reasonably practicable, notify each owner and occupier of the relevant land by notice in writing if—

(a)

an order is registered under subsection (3);

or

(b)

a notice of the variation of an order is registered under subsection (4);

or

(c)

the cancellation of the registration of an order is given effect to under subsection (7).

(9)

A notice to be given to the occupier of land under subsection (8) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land.

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