§ 142 — Statutory obligations

142.—(1) For the purposes of this section, “statutory obligation” means —(a)

any charge on land; and

(b)

any order, award, determination, notification, resolution, by‑law or proclamation affecting the title to or restricting or otherwise affecting the user of land or prescribing or authorising any act or thing to be done on land,

under the provisions of any written law or regulations made thereunder, and which is intended to bind successive owners of the land.

(2) A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the approved form.

(3) The Registrar must give effect to the statutory obligation by entering a notification of the particulars thereof on the relevant folio or other document of title claimed to be affected by the statutory obligation, and on the document of title if produced for that purpose.[8/2014]

(4) The notification of an instrument of statutory obligation does not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.

(5) Nothing in this section affects the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.

(6) A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $500 or 10% of the value of the land on which it is charged.

(7) Where any money due under a statutory obligation is in arrears, there may be added to the amount due the costs of notification of an instrument of statutory obligation.

(8) This section does not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made under section 172.

—(1) For the purposes of this section, “statutory obligation” means —(a)

any charge on land; and

(b)

any order, award, determination, notification, resolution, by‑law or proclamation affecting the title to or restricting or otherwise affecting the user of land or prescribing or authorising any act or thing to be done on land,

under the provisions of any written law or regulations made thereunder, and which is intended to bind successive owners of the land.

(2) A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the approved form.

(3) The Registrar must give effect to the statutory obligation by entering a notification of the particulars thereof on the relevant folio or other document of title claimed to be affected by the statutory obligation, and on the document of title if produced for that purpose.[8/2014]

(4) The notification of an instrument of statutory obligation does not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.

(5) Nothing in this section affects the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.

(6) A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $500 or 10% of the value of the land on which it is charged.

(7) Where any money due under a statutory obligation is in arrears, there may be added to the amount due the costs of notification of an instrument of statutory obligation.

(8) This section does not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made under section 172.