Biosecurity Act 2019

If the Secretary is satisfied that there is an unpaid amount owed under a cost recovery order after the date has passed for payment specified in that order for that amount – the Secretary may lodge with the Recorder of Titles, in a form approved by the Recorder of Titles – an office copy, within the meaning of the Land Titles Act 1980, of the cost recovery order; and such other information, including information identifying the land to which the cost recovery order is to apply, as the Recorder requests; and on receipt of such an office copy and information, the Recorder is to register the cost recover order against the relevant folio of the Register in such manner as the Recorder thinks fit.

The registration of an order under subsection (1)(b) creates, at the time of registration, a charge on the land in relation to which the order is registered so as to secure the payment to the Secretary of the amount payable under the order.

An order may be registered under subsection (1)(b) in respect of a folio of the Register despite the fact that a caveat may exist in respect of that folio.

If the Secretary is satisfied that – the amount payable under the cost recovery order has been paid in full to the Secretary; or the land, in respect of which the charge has been created, has been sold or otherwise disposed of with the consent of the Secretary; or the land, in respect of which the charge has been created, has been sold to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge; or the charge should be cancelled for any other reason the Secretary considers reasonable in the circumstances – the Secretary is to notify the Recorder of Titles of that fact in a form approved by the Recorder of Titles.

On receipt of a notification by the Secretary under subsection (4), the Recorder of Titles is to register the notification against the relevant folio of the Register.

A charge created by the registration of an order under subsection (1)(b) ceases to have effect in relation to land when notification by the Secretary under subsection (4) is registered under subsection (5).