Planning, Development and Infrastructure Act 2016

If a person fails to comply with the terms and conditions of a charge, the charge may be enforced as follows:

the

Minister must, by notice in the Gazette, inform the person of the breach and give the person at least 1 month to remedy the breach;

if the person does not remedy the breach within the time allowed in a notice under paragraph (a), the Minister may proceed to have the land to which the charge relates sold.

The sale will be by public auction (and the Minister may set a reserve price for the purposes of the sale).

If, before the date of such an auction, the outstanding amount of the charge and the costs incurred by the Minister in proceeding under this section are paid to the Minister, the Minister must call off the auction.

The requirement to sell at auction does not apply in any circumstances prescribed by the regulations.

If—

an auction fails; or

an auction is not required under subsection

, the

Minister may sell the land by private contract for the best price that the Minister may reasonably obtain.

Any money required by the Minister in respect of the sale of land under this section will be applied as follows:

firstly—in paying the costs of the sale and any other costs of a prescribed kind;

secondly—in discharging any liabilities secured by instrument registered before the charge was created, or that is taken to have such effect by virtue of section 174;

thirdly—in discharging the amount or amounts secured by the charge;

fourthly—in discharging any other liabilities secured by registered instruments;

fifthly—in discharging any other liabilities that exist in relation to the land of which the Minister has notice;

sixthly—in payment to the owner of the land.

The title obtained under the sale of the land will be free of—

any charge under this Subdivision; and

all other liabilities discharged under subsection (6);

and

any other liability that may exist on account of any mortgage, charge or encumbrance.

If land is sold, an instrument of transfer or conveyance in pursuance of the sale executed by the Minister will, on registration or enrolment, operate to vest title to the land in the person named in the transfer or conveyance.

If it is not reasonably practicable to obtain the duplicate certificate of title to land that is sold in pursuance of this section (or other relevant instrument), the Registrar‑General may register a transfer or conveyance despite the non‑production of the duplicate (or instrument), but in that event will cancel the existing certificate of title for the land and issue a new certificate in the name of the transferee.