89Charge on land subject to compliance cost notice

89 Charge on land subject to compliance cost notice

89 Charge on land subject to compliance cost notice

(1) This section applies where a compliance cost notice is registered under section 88, on the application of the Regulatory Authority or a public authority, in relation to particular land owned by a person.

(2) 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 to the Regulatory Authority or the public authority of the amount specified in the notice.

(3) Such a charge ceases to have effect in relation to the land—

(a) on payment to the Regulatory Authority or the public authority of the amount concerned, or

(b) on the sale or other disposition of the land with the consent in writing of the Regulatory Authority or the public authority, 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.

(4) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered.

(5) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (3).

(6) 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 (3), taken to have notice of the charge.

(7) The regulations may make provision about the removal of a charge under this section.

(8) The Regulatory Authority or a public authority may, by notice in writing, require the person to whom the compliance cost notice was given to pay all or any of the reasonable costs and expenses incurred by the Regulatory Authority or the public authority in respect of the lodgment or registration of the compliance cost notice and the registration of any resulting charge (including the costs of discharging the charge). The Regulatory Authority or the public authority may recover any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.