Registration, Enforcement and Discharge of Local Authority Charges on Land, Regulations (WA)

Western Australia Health (Miscellaneous Provisions) Act 1911 Registration, Enforcement and Discharge of Local Authority Charges on Land, Regulations Western Australia Registration, Enforcement and Discharge of Local Authority Charges on Land, Regulations Contents 1. Notice to registered proprietor 1 2. Application for registration at charge 2 3. Registration of charge 3 4. Notice of dispute 4 5. Magistrates certificate 6 6. Application for registration 6 7. Charge remains in force until dishcarged 7 8. Memorandum of safisfaction of charge 8 9. Application to discharge 8 10. Order for sale of land 9 11. Registration of order for sale 12 12. Sale of land 13 13. Manner of conducting sale 13 14. Application of proceeds 13 15. Warrant of possession 15 16. Land may be offered for sale 15 17. Duration of order for sale 15 18. Charge and other rights not affected 16 19. Conveyance or transfer 16 20. Registration of transfer 16 Appendix Notes Compilation table 36 Western Australia Health (Miscellaneous Provisions) Act 1911 Registration, Enforcement and Discharge of Local Authority Charges on Land, Regulations Regulations relating to the registration, enforcement and discharge under Section 372 of the Act, of charges upon land of expenses incurred by local authorities. [Preamble amended: Gazette 10 Jan 2017 p. 302.]

1. Notice to registered proprietor (1) Where the CEO or a local authority has incurred expenses in doing any act, matter or thing upon or in relation to any land or premises, which by the provisions of the Act are declared to be a charge upon such land or premises, and in accordance with Section 372 of the Act the CEO or the local authority desires to register such charge against such land or premises, the CEO or the local authority, as the case may be, shall serve upon the person who appears by the records of the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5 to be the registered proprietor of such land or premises a notice in writing in accordance with Form A in the Appendix to these regulations. (2) If the person upon whom notice is served as provided for in paragraph (1) hereof disputes the fact or the amount of the charge claimed or that the land or premises proposed to be charged is or are subject to the charge claimed or that he is liable to pay the amount of the expenses claimed, such person may within three days after the service upon him of the notice aforesaid, serve upon the CEO or the local authority, as the case may be, at his or its office notice in writing in accordance with Form B in the Appendix to these regulations setting forth the nature of the dispute, and requiring that such dispute shall be referred to a magistrate for determination in accordance with these regulations. (3) If a person after being served by the CEO or a local authority with a notice as provided for in paragraph (1) hereof fails within the time prescribed to serve the CEO or the local authority with a notice as provided for in paragraph (2) hereof such person shall be deemed to admit the right of the CEO or the local authority to the charge claimed in his or its said notice. (4) For the purpose of paragraph (1) of this regulation, service upon the registered proprietor of the land or premises shall be sufficient if the notice is sent to him by prepaid registered letter addressed to the address of such registered proprietor, if known, or, where his actual address is not known, addressed to his address appearing on the certificate or other instrument of title of the said land. [Regulation 1 amended: Gazette 29 Dec 2006 p. 5906 and 5910.]