If a public authority issues a cost notice (for investigation or remediation of land) to a person, the authority may apply, by the lodgment of a Request form 11R, to the Registrar General for registration of the notice. On registration of the notice, a charge is created in favour of the public authority (see sections 39-40 of the Contaminated Land Management Act 1997 (NSW) (the ‘Act’).
The Request must be accompanied by a copy of the cost notice (for investigation or remediation of land). The Request does not require marking by Revenue NSW.
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.
NOTE: The charge has priority over all other interests recorded on the Register (see section 40(3) of the Act).
The charge ceases to have effect under section 40(2) of the Act when the first of the following occurs:
- the amount secured is paid or
- the completion of the sale or other disposition of the land with the consent of the public authority or
- the completion of a sale of the land to a purchaser, in good faith and for value, who at the time of the sale, has no notice of the charge.
Where a charge ceases to have effect under section 40(2) of the Act, the charge may be cancelled by lodgment of a Request form 11R. The Request must be executed by:
- an authorised officer of the public authority or
- the registered proprietor accompanied by:
- the consent of the public authority or
- evidence to show that the charge has ceased to have effect.
The Request for cancellation does not require marking by Revenue NSW.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer all cases to Legal through the Senior Examining Officer.
Registration Procedure
On direction from Legal that charge can be registered.
PRIME CODE CH
DETAILS Contaminated Land Management Act 1997
Publication Date: March 2024