164TNotice of offset to be lodged with Recorder

164T Notice of offset to be lodged with Recorder

[Section 164T Inserted by No. 33 of 2015, s. 20, Applied:01 Jan 2016]

(1)  If the Secretary considers that a registered offset affects land, the Secretary is to lodge with the Recorder a notice of offset, relating to that offset, that includes the title reference (volume and folio) or the other particulars of title for the land.

(2)  Subsection (1) does not apply to an offset if the offset is included in –

(a) a conservation covenant, within the meaning of Part 5 of the Nature Conservation Act 2002 ; or

(b) an agreement under Part 5 of the Land Use Planning and Approvals Act 1993 .

(3)  A notice of offset –

(a) is to be in a form approved by the Recorder; and

(b) is to be lodged with the Recorder, as soon as practicable after the relevant offset is entered on the offsets register, in a manner approved by the Recorder.

(4)  As soon as practicable after a notice of offset is lodged with the Recorder, the Recorder must ensure that the notice of offset is available for viewing by a person when the person views the relevant folio of the Register.

(5)  If the land to which a notice of offset relates is not registered land, the Recorder, as soon as reasonably practicable after receiving the notice, is to register a copy of the notice in the Registry of Deeds in accordance with the Registration of Deeds Act 1935 .

(6)  A notice of offset available for viewing by a person when the person views the relevant folio of the Register is not affected by a subsequent disposition of the land to which that folio relates or another subsequent dealing in that land.

(7)  For the purposes of proceeding under this section, the Recorder is entitled to assume that all necessary pre-requisites and procedures in respect of the notice have been complied with.