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s 63

Lodgment of notification with Registrar and withdrawal of notification

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Part 4Critical habitat
Division 2Habitat conservation notices

63 Lodgment of notification with Registrar and withdrawal of notification

(1)

If the person, or at least one of the persons, to whom a habitat conservation notice is given under section 59 is an owner or occupier of the land to which the notice relates, the CEO may lodge a notification in relation to the notice with the Registrar.

(2)

If a notification is lodged under subsection (1) and the habitat conservation notice to which it relates is cancelled, the CEO must apply to the Registrar for the notification to be withdrawn.

(3)

The following requirements apply to a notification under subsection (1) and an application under subsection (2) —

(a)

it must be in a form approved by the Registrar;

(b)

it must be accompanied by any information the Registrar requires;

(c)

it must be accompanied by any relevant fee payable under the Transfer of Land Act 1893 or another written law.

(4)

On the lodgment of a notification under subsection (1) or the receipt of an application under subsection (2), the Registrar must make any endorsement or notation the Registrar considers necessary on the certificate of title or other appropriate record in respect of the land to which the notification or application, as the case requires, relates.

(5)

If the CEO lodges a notification under subsection (1) or makes an application under subsection (2), the CEO must give a copy of the notification or application, as the case requires, to the Western Australian Planning Commission established by the Planning and Development Act 2005 section 7(1).

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Section 63 — Lodgment of notification with Registrar and withdrawal of notification — Biodiversity Conservation Act 2016 (Western Australia) — Barrister AI