Victorian Numbered Acts Victorian Numbered ActsAfter section 59 of the Plant Biosecurity Act 2010 insert —
(1) This section applies if a determination is made under section 58 relating to work done as a result of a failure by an owner or occupier of land to comply with—
(a) a notice given by the Secretary under section 25 in relation to the land; or
(b) a direction issued by an inspector under section 35 that imposes a requirement on the owner or the occupier of the land to do anything in relation to the land.
(2) The Minister may cause a notice to be served on the prescribed owner of the land if the amount of costs and expenses required to be paid as a result of the determination has not been paid within 7 days of the later of the following to occur—
(a) the end of the period for making an application to VCAT for review of the determination; or
(b) if an application to VCAT for review of the determination is made in that period, when a final determination of the application is made confirming the determination of the Minister under section 58 (with or without variations).
(3) A notice under subsection (2) must specify—
(a) the address of the land to which the notice relates; and
(b) if the notice relates to land under the Transfer of Land Act 1958 , the folio of the Register relating to the land; and
(c) if the notice relates to land not under the Transfer of Land Act 1958 , a description of the land sufficient to identify the land; and
(d) if the determination relates to a failure to comply with a notice given by the Secretary under section 25, details of the notice and the person to whom it was given; and
(e) if the determination relates to a failure to comply with a direction issued by an inspector under section 35, details of the direction and the person to whom it was issued; and
(f) the amount of costs and expenses owing; and
(g) the date (the due date ) by which the amount owing must be paid which must be not less than 30 days after the date of the notice; and
(h) that a charge on the land to which the notice relates or notice of the charge will be recorded under section 59C if the costs and expenses are not paid by the due date; and
(i) the prescribed particulars (if any).
(4) If the Minister determines that it is not practicable to serve the notice in accordance with section 126, a notice under subsection (2) is taken to have been served on or given to the prescribed owner of the land to which the notice relates if the notice is affixed in a conspicuous place on that land.
(5) The Minister must cause a copy of a notice under subsection (2) to be sent to the person from whom the Minister has determined under section 58(2) that the reasonable costs and expenses should be recovered unless the person was given notice under subsection (2).
(1) If a notice has been served under section 59A in relation to land and the amount of costs and expenses owing has not been paid by the due date for payment specified in the notice, the amount owing is a first charge on the land.
(2) Land is charged under this section when the charge or notice of the charge is recorded under section 59C.
(1) The Secretary must apply to the Registrar of Titles to record a charge or notice of a charge on land under section 59B.
(2) The application must—
(a) be in the form approved by the Registrar of Titles; and
(b) describe the land charged; and
(c) state that there is an unpaid amount under the Plant Biosecurity Act 2010 in respect of the land.
(3) The Registrar of Titles must make a recording of the charge or notice of the charge in the Register.
(4) When the amount owing is paid, the Secretary must apply to the Registrar of Titles as soon as practicable in the form approved by the Registrar—
(a) to remove or delete the charge or notice of the charge; or
(b) to make a recording in the Register of the discharge of the charge.
(5) The Registrar of Titles must take the action requested in the application by the Secretary under subsection (4).
(1) An owner, purchaser or mortgagee of land may apply to the Secretary for a certificate under this section.
(2) An application must be accompanied by the prescribed fee (if any).
(3) If an application is made under this section, the Secretary must issue a certificate showing if there is any amount due under section 58 and unpaid on the land described in the application.
(4) The Secretary may include any other information in the certificate that he or she thinks appropriate.
(5) If a person—
(a) is a bona fide purchaser for value of land; and
(b) obtains a certificate from the Secretary under this section in respect of the land—
the charge under section 59B does not secure any amount due under section 58 in respect of the land in excess of the amount set out in the certificate.".