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Contents (1999 - 80)
Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 24 November 2017 at 05:20)
Part 3 Division 4
Division 4 Compliance cost
28   Compliance cost notices
(1)  If the Environment Protection Authority gives a clean-up notice under section 19 to a person, the Authority may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the Authority in connection with:
(a)  monitoring action under the notice, and
(b)  ensuring that the notice is complied with, and
(c)  any other associated matters.
(2)  A public authority that takes clean-up action under section 20 may, by notice in writing, require:
(a)  the person who is reasonably suspected by the public authority of having caused the pesticide pollution concerned, or
(b)  the occupier of the premises at which the public authority reasonably suspects that the pesticide pollution occurred,
or both, to pay all or any reasonable costs and expenses incurred by the public authority in connection with the clean-up action.
29   Recovery of amounts
(1)  The Environment Protection Authority or public authority concerned may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.
(2)  If the person given a compliance cost notice complies with the notice but was not the person who caused the pesticide pollution, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the pesticide pollution.
30   Registration of compliance cost notices in relation to land
(1)  If a compliance cost notice has been given by the Environment Protection Authority or a public authority to a person, the Authority or public authority may apply to the Registrar-General for registration of the notice in relation to any land owned by the person.
(2)  An application under this section must define the land to which it relates.
(3)  The Registrar-General must, on application under this section and lodgment of a copy of the compliance cost notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit.
(4)  If the notice relates to land under the provisions of the Real Property Act 1900, the notice is to be registered under that Act.
31   Charge on land subject to compliance cost notice
(1)  This section applies where a compliance cost notice is registered under section 30, on the application of the Environment Protection 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 Environment Protection Authority or 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 Environment Protection Authority or public authority of the amount concerned, or
(b)  on the sale or other disposition of the land with the written consent of the Environment Protection Authority or 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 for or with respect to the removal of a charge under this section.