Hi Robert,
We agree with you – Section 327 of the Biosecurity Act lets Council register a charge. In practice that can take time, which may be a problem if a 603 certificate is ordered immediately prior to settlement, so Council may wish to place a caveat on title while waiting for the charge to be registered.
And prior to a caveat, we have had Councils interpret Section 603(1) and (3)(c) to allow them to err on the side of caution and include on the 603 Certificate the amount due or payable to council, stating the work carried out on the land by the council and the cost that may be recovered. In a notable case last week the Cost Recovery Order (noxious weeds removal debt) was paid in full on settlement of the property sale.
Cindy’s question might refer to the earlier time period between the making of a Biosecurity Direction (S128) and the making of a Cost Recovery Order (S321), which our opinion covers also.
BEst wishes,
Richard
0434 222032
