[Cindy Allan]

Afternoon All
I have been advised by Councils Weeds Department that we are required to place a disclaimer pertaining to weeds on the 603 Certificates. Reference being the Biosecurity Act 2015 and Conveyancing (Sale of Land Regulations 2017 land is subject to an adverse affections if anything listed in Part 3 of Schedule 3 to the Conveyancing (Sale of Land) Regulation 2017 applies in respect of the land then they refer to https://legislation.nsw.gov.au/#/view/regulation/2017/372/sch3

Is anyone aware of this and/or have applied a this disclaimer on the certificate?

[Ron Peters]

Hi Cindy,

We have provided advice to some Councils on this change – now that the debt is against the person not the land – and they have successfully recovered the Noxious Weed eradication debts when the property sold.

Our advice describes the law changes and the process to follow, including what you include on a 603 certificate when recovering the cost to eradicate Noxious Weeds on the land following a person’s failure to comply with a Biosecurity Direction.

Will it be too late for your requirement if I send you the paper this afternoon?

Kind regards

Richard
Richard McLean
0434 222 032

[Robert Hay]

Hi Richard

If what you’re saying is correct and the debt is against the person not the land then I don’t understand why there is a requirement to put anything on a 603 certificate as the legislation states:
(1) A person may apply to the council for a certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.

How does a personal debt end up as a property debt?

Cindy is Council trying to use its 603 Certificate as a replacement for a Biosecurity Certificate? Section 184 of the Biosecurity Act 2015.

Robert

[Robert Hay]

Hi Everyone

Further to my previous post, it can be a debt on the land as long as Council has followed Section 327 of the Biosecurity Act 2015.

https://legislation.nsw.gov.au/#/view/act/2015/24/part20/div3/sec327

Which is registration of any unpaid amount under a cost recovery order in relation to any land owned by the person from whom that amount is recoverable (including any land owned jointly with another person) with the Registrar General.

Robert

[Cindy Allan]

Hi Ron, no not to late and any information would be greatly appreciated.

[Ron Peters]

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

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