Western Australian Numbered Acts

BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 (NO. 23 OF 2007) - SECT 95

95 .         Charge on land to secure cost of remedial action

        (1)         The amount payable under section 94 in relation to taking remedial action in respect of anything that has not been done by the owner of land is a charge on the land —

            (a)         whether or not the amount is due for payment; and

            (b)         whether or not a memorial of the charge has been registered under section 101(4).

        (2)         If the charge amount is not paid by the due date, the Director General may lodge a memorial of the charge with the Registrar of Titles.

        (3)         The liability of the owner to pay the charge amount continues until it is paid, despite any disposition of the land.

        (4)         If part of the work was carried out on land comprising a number of separate lots or parcels —

            (a)         the charge attaches to each separate lot or parcel; and

            (b)         the charge amount on a lot or parcel is the amount that is the same proportion of the total charge amount as the unimproved value of the lot or parcel is of the total unimproved value of the land.

        (5)         This section does not apply in relation to land owned by, or vested in, a public authority or the State.