46Charge on land to secure payment of financial contribution

#### 46 Charge on land to secure payment of financial contribution 46 Charge on land to secure payment of financial contribution > > (1) The Minister may, for the purposes of this section, issue a notice as to any financial contribution payable under this Part (whether or not it has become payable). > > > (2) The Minister may, at the request of the local authority to whom the financial contribution is payable, apply to the Registrar-General for registration of the notice in relation to any land owned by a person that comprises all or any of the authorised timber plantation to which the notice relates. > > > (3) An application under this section must define, in the form and manner required by the Registrar-General, the land to which it relates. > > > (4) The Registrar-General must, on application under this section and lodgment of the notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit. > > > (5) If the notice relates to land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), the notice is to be registered under that Act. > > > (6) There is created by force of this section, on the registration of the notice, a charge on the land in relation to which the notice is registered to secure the payment of the financial contribution set out in the notice. > > > (7) Such a charge ceases to have effect in relation to the land— > > > > > (a) on payment of the amount of the financial contribution concerned, or > > > > > (b) on the sale or other disposition of the land with the written consent of the Minister, or > > > > > (c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge, > > > > whichever first occurs. > > > (8) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered. > > > (9) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (7). > > > (10) If— > > > > > (a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and > > > > > (b) the charge is so registered, > > > > a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (7), taken to have notice of the charge. > > > (11) The regulations may make provision for or with respect to the removal of a charge under this section.