48Transitional provision—Cancellation of notices relating to residential care facilities—2005 Amendment Act

48 Transitional provision—Cancellation of notices relating to residential care facilities—2005 Amendment Act (1) If, within 18 months of the commencement of section 3 of the 2005 Amendment Act, premises that were part of a retirement village immediately before the commencement of that section come to be taken not to be part of that village, by virtue of the operation of section 46(c) or (d), the owner of the land on which the premises are situated may apply to the Director for a declaration that the notice, in so far as it applies to the land on which the premises are situated, is cancelled. (2) An application under subsection (1)— (b) must include a statutory declaration signed by the owner of the land stating that— (ii) the owner has served on— (A) all residents and former residents of the premises; and (B) all residents and former residents of the retirement village of which the premises were formerly a part; and (C) the legal personal representatives of any former residents of the premises or retirement village who have died while residents of the village— notice in writing explaining the consequences of making the declaration, in a form approved by the Director; and (iii) the owner has no knowledge of any proceedings by a resident to obtain payment of a refundable in-going contribution or to enforce the charge; and (c) must include a copy of the notice given to the residents referred to in paragraph (b); and (d) if so required by the Director, must include any information that is reasonably necessary to establish the boundaries of the land to which the application relates and the use to which the land is put. (3) The Director may grant or refuse an application under this section. (4) On an application made in accordance with this section the Director may, by instrument published in the Government Gazette, declare that the retirement village notice to which the application relates is cancelled, in so far as it applies to the land to which the application relates, if the Director is satisfied that— (a) the land is no longer a part of land used as a retirement village; and (b) the owner has served on all residents, former residents and their legal personal representatives notice in accordance with this section. (5) If there is produced to the Registrar of Titles a copy of the Government Gazette in which the Director has published a declaration that a retirement village notice is cancelled, to the extent that it applies to the land that is the subject of an application under this section, the Registrar of Titles may delete any recordings of the notice from the Register or make a recording in the Register of the cancellation of the notice. S. 49 inserted by No. 4/2005 s. 21.