Environment Protection Act 2017

If the Authority cannot recover costs under this Division from an owner or occupier of a place or premises, the costs become a charge on the property of the occupier or the land of which the place or premises forms part (as the case may be) after an advertisement under subsection (2) has been published.

The advertisement must specify—

the purpose of the advertisement and the section of this Act under which it is made; and

the amount in respect of which the charge is to be imposed; and

if the property charged is land, the land on which the charge is to be imposed.

The Authority must publish the advertisement by—

if the property charged is land, displaying a copy of the advertisement on the land (if this is possible); and

publishing the advertisement on the Internet site of the Authority; and

publishing the advertisement in at least one other manner that the Authority considers appropriate.

If the property charged is land, the Authority may lodge with the Registrar of Titles a notice in accordance with section 106B of the Transfer of Land Act 1958.

The Registrar of Titles must make in the Register a recording of a notice lodged under this section.

Despite subsection (1), if the property charged is land, the charge does not take effect until the Registrar of Titles makes a recording of the charge in the Register.

If—

a charge on land under this section has existed for at least 12 months; and

an amount is still owing under the charge—

A notice under subsection (7) must—

be in writing; and

be—

displayed on the land (if this is possible); and

published on the Internet site of the Authority; and

published in at least one other manner that the Authority considers appropriate—

If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold.

Section 77 of the Transfer of Land Act 1958 applies to the sale as if—

the charge were a registered first mortgage registered in priority to other registered encumbrances; and

the Authority were a mortgagee under that mortgage; and

the owner of the land were a mortgagor under that mortgage; and

the requirement relating to the giving of notice were deleted; and

subsection (3)(d) of that section of that Act were deleted.

If there is any amount left over from a sale of property after the Authority has deducted its charge and any costs associated with realising the charge, and the owner of the property cannot be found, the Authority must pay the amount to the Registrar of Unclaimed Money appointed under section 4 of the Unclaimed Money Act 2008.

Any money recovered by the Authority under a charge under this Division is to be paid into the Consolidated Fund.