46Registration of environment protection notices

46 Registration of environment protection notices

(1)  Where an environment protection notice has been served on a person and the Director is of the opinion that the notice affects a title to land, the Director must, as soon as practicable after the environment protection notice is served –

(a) cause a copy of the notice to be forwarded to the owner of the land; and

(b) cause a copy of the notice, together with particulars of title, to be lodged with the Recorder of Titles.

(2)  Where the land to which the notice relates is not under the Land Titles Act 1980 , the Recorder of Titles must, as soon as practicable after lodgment of the notice and particulars of title –

(a) register the notice in the Registry of Deeds; and

(b) bring the land under that Act as if an application had been made in relation to that land under section 11 of that Act .

(3)  [Section 46 Subsection (3) amended by No. 45 of 2012, s. 24, Applied:06 Dec 2012] The Recorder of Titles is not bound for the purposes of subsection (2)(b) to investigate the title to any land.

(4)  The Recorder of Titles must register the environment protection notice as if it were a dealing, within the meaning of the Land Titles Act 1980 , lodged in accordance with that Act.

(5)  Where an environment protection notice has been registered by the Recorder of Titles –

(a) it remains in force notwithstanding any subsequent disposition of the land to which it relates or any other dealing in the land; and

(b) it operates as the basis for a charge on the land, as provided by this Division, securing payment to the Director of costs and expenses incurred in the event of a contravention of the notice.

(5A)  [Section 46 Subsection (5A) inserted by No. 45 of 2012, s. 24, Applied:06 Dec 2012] An environment protection notice that is registered under binds, to the extent specified in the notice, any person who –