Where a compliance cost notice has been given by a regulatory or public authority (the ‘authority’) to a person, the authority may apply to the Registrar General for the registration of the notice in relation to any land owned by the person (see section 106 Protection of the Environment Operations Act 1997 (NSW) (the ‘Act’)).
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.
Charge pursuant to section 107 of the Act
Pursuant to section 107 of the Act, a charge is created on the registration of the compliance cost notice, in favour of the authority. A Request form 11R, defining the land to which it relates, may be lodged accompanied by a copy of the compliance cost notice. The Request does not require marking by Revenue NSW.
NOTE: The charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered (see section 107(4) of the Act).
The charge ceases to have effect:
- on payment of the amount to the authority, or
- on the sale or disposition of the land with the written consent of the authority, or
- on the sale of the land to a purchaser in good faith and for value who, at the time of the sale, had no notice of the charge.
whichever first occurs (see section 107(3) of the Act).
Where a charge ceases to have effect under section 107(3) of the Act, it may be cancelled by:
- lodgment of a Request form 11R. The Request must be executed by an authorised officer of the regulatory or public authority or
- a transfer accompanied by the consent of the regulatory or public authority.
The Request for cancellation does not require marking by Revenue NSW.
Charge pursuant to section 236 of the Act
A charge may also be created where a court has made a restraining order in respect of property and the court orders the payment of an amount (see section 236(1) of the Act). If the charge relates to Real Property Act 1900 (NSW) land, it does not take effect until it is registered.
A Request form 11R, defining the land to which it relates, may be lodged accompanied by a sealed copy of the restraining order. The Request does not require marking by Revenue NSW.
NOTE: The charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered (see section 236(3) of the Act).
The charge ceases to have effect:
- on payment of the amount, or
- on the sale or disposition of the land with the written consent of the court, or
- on the sale of the land to a purchaser in good faith and for value who, at the time of the sale, had no notice of the charge.
whichever first occurs (see section 236(2) of the Act).
Where a charge ceases to have effect under section 236(2) of the Act, it may be cancelled by:
- lodgment of a Request form 11R. The Request must be executed by an authorised officer of the regulatory or public authority, or the person to whom the court has ordered the payment of an amount pursuant to section 246 or 247 of the Act; or
- a transfer accompanied by the consent of the regulatory or public authority.
The Request for cancellation does not require marking by Revenue NSW.
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 Protection of the Environment Operations Act 1997
Publication Date: March 2024