§ 55 — Authority to issue evidentiary certificates in respect of certain matters

55.—(1) Upon receipt of an application in writing made by a person in accordance with a form provided by the Authority for the purpose and upon payment of a prescribed fee (if any), the Authority must provide the applicant, in relation to any land, a certificate containing information in relation to the following matters as at the date of the certificate:(a)

whether or not a liability order, revised liability order or deferment determination has been given applying to the land and, if such an order or determination has been so given, the date thereof;

(b)

where any land betterment charge is payable in respect of a chargeable consent relating to the land, whether an appeal against such a liability order, revised liability order or deferment determination is pending;

(c)

such other matters as may be prescribed by Regulations made under section 64.

(2) A certificate issued under this section is, for the purposes of determining a person’s liability for land betterment charge, conclusive evidence of the information specified in the certificate as at the date so specified —(a)

where the applicant for the certificate is the owner of the land to which the certificate relates — in favour of that applicant and of any successor in title of the applicant who is a bona fide purchaser for value of the land; or

(b)

where the applicant is not the owner of the land to which the certificate relates — in favour of that applicant and, if the applicant becomes the owner of the land, of any successor in title who is a bona fide purchaser for value of the land.

(3) Subsection (2) does not operate —(a)

in relation to any certificate that was obtained by misrepresentation or by fraudulent or improper means to which the applicant for the certificate was privy; or

(b)

in favour of an applicant for a certificate where any information specified in the certificate was to the knowledge of the applicant erroneous as at the date on which the certificate was issued.

(4) Nothing in this section requires the Authority to provide a certificate under this section as to any land betterment charge paid or payable in respect of a chargeable consent relating to any land if the Authority is of the opinion that the amount of that land betterment charge could be revised or altered because of any proceedings taken or that may be taken under this Act.

(5) In this section, “purchaser” includes a mortgagee.

—(1) Upon receipt of an application in writing made by a person in accordance with a form provided by the Authority for the purpose and upon payment of a prescribed fee (if any), the Authority must provide the applicant, in relation to any land, a certificate containing information in relation to the following matters as at the date of the certificate:(a)

whether or not a liability order, revised liability order or deferment determination has been given applying to the land and, if such an order or determination has been so given, the date thereof;

(b)

where any land betterment charge is payable in respect of a chargeable consent relating to the land, whether an appeal against such a liability order, revised liability order or deferment determination is pending;

(c)

such other matters as may be prescribed by Regulations made under section 64.

(2) A certificate issued under this section is, for the purposes of determining a person’s liability for land betterment charge, conclusive evidence of the information specified in the certificate as at the date so specified —(a)

where the applicant for the certificate is the owner of the land to which the certificate relates — in favour of that applicant and of any successor in title of the applicant who is a bona fide purchaser for value of the land; or

(b)

where the applicant is not the owner of the land to which the certificate relates — in favour of that applicant and, if the applicant becomes the owner of the land, of any successor in title who is a bona fide purchaser for value of the land.

(3) Subsection (2) does not operate —(a)

in relation to any certificate that was obtained by misrepresentation or by fraudulent or improper means to which the applicant for the certificate was privy; or

(b)

in favour of an applicant for a certificate where any information specified in the certificate was to the knowledge of the applicant erroneous as at the date on which the certificate was issued.

(4) Nothing in this section requires the Authority to provide a certificate under this section as to any land betterment charge paid or payable in respect of a chargeable consent relating to any land if the Authority is of the opinion that the amount of that land betterment charge could be revised or altered because of any proceedings taken or that may be taken under this Act.

(5) In this section, “purchaser” includes a mortgagee.