Worker's Liens Regulations 1988 (SA)

REGULATIONS UNDER THE WORKER’S LIENS ACT, 1893

Worker’s Liens Regulations, 1988

being

No. 162 of 1988: Gaz. 11 August 1988, p. 7011

as varied by

No. 92 of 1989: Gaz. 8 June 1989, p. 15822 No. 77 of 1990: Gaz. 31 May 1990, p. 15083 No. 126 of 1991: Gaz. 27 June 1991, p. 22264 No. 91 of 1992: Gaz. 18 June 1992, p. 17985 No. 59 of 1993: Gaz. 8 April 1993, p. 12996 No. 8 of 1994: Gaz. 24 February 1994, p. 5667

No. 56 of 1994: Gaz. 2 June 1994, p. 15898

No. 101 of 1995: Gaz. 10 May 1995, p. 21079

No. 141 of 1996: Gaz. 30 May 1996, p. 281610

No. 151 of 1997: Gaz. 5 June 1997, p. 294111

1 Came into operation 1 September 1988: reg. 2.

2 Came into operation 17 July 1989: reg. 2.

3 Came into operation 17 July 1990: reg. 2.

4 Came into operation 8 August 1991: reg. 2.

5 Came into operation 30 July 1992: reg. 2.

6 Came into operation 12 July 1993: reg. 2.

7 Came into operation 7 April 1994: reg. 2.

8 Came into operation 1 July 1994: reg. 2.

9 Came into operation 1 July 1995: reg. 2.

10 Came into operation 8 July 1996: reg. 2.

11 Came into operation 1 July 1997: reg. 2.

N.B. The following regulations have been revoked:

No. 122 of 1997: Gaz. 13 May 1997, p. 1947 revoked by No. 151 of 1997: Gaz. 5 June 1997, p. 2941.

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix.

Citation

1. These regulations may be cited as the Worker’s Liens Regulations, 1988.

Commencement

2. These regulations will come into operation on 1 September, 1988.

Revocation

3. All regulations previously made under the Worker’s Liens Act, 1893, are revoked.

Interpretation

4. In these regulations—

"the Act" means the Worker’s Liens Act, 1893.

Fees

5. The fees payable to the Registrar-General under the Act are as set out in schedule 1.

Forms

6. (1) Subject to subregulation (2)—

(a) the form of notice to be registered in the General Registry Office by a person claiming a lien under section 10(3) of the Act is as set out in schedule 2;

* * * * * * * * * *

(2) Where the land affected by the lien is not under the Real Property Act, 1886, the forms

referred to in subregulation (1) must be as approved by the Registrar-General.

(3) An instrument produced to the Registrar-General pursuant to the Act must meet the requirements for an instrument produced for registration pursuant to the Real Property Act, 1886 (see Gazette 1 October 1993 p. 1555).

SCHEDULE 1

Fees

$

1. For lodging a notice of lien (section 10(3)). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 76

2. For entering a memorandum of cessation of lien (section 16). .. .. .. .. .. .. .. .. .. .. .. .. . 76

3. If a notice of lien or an application to enter a memorandum of cessation of lien is withdrawn

before the appropriate memorandum is entered, the fee payable is reduced to. .. .. .. .. .. .. .. .. .. .. . 32

N.B. A fee is payable for entering a memorandum of withdrawal of lien under the Real Property Act 1886.

SCHEDULE 2

Form LN THE WORKER’S LIENS ACT 1893

(See Note 1) NOTICE OF LIEN

CERTIFICATE(S) OF TITLE

BEING AFFECTED

(See Note 2)

LIENOR

Person lodging Lien

Full Name and Address

(See Note 3)

LIENEE

Registered Proprietor

Full Name and Address

(See Note 3)

(See Note 4) The amount claimed by the Lienor is

for due in

connection with work done to the said land with the consent of the Lienee.

An action will be brought in the	Court of
to enforce the Lien.

DATED THE DAY OF 19

EXECUTION AND

ATTESTATION

(See Note 6)

REGISTERED ..../..../19 REGISTRAR-GENERAL

[Form appears in

Gaz. 24.2.94, p. 566]

APPENDIX

LEGISLATIVE HISTORY

Regulation 6(1)(b):	revoked by 8, 1994, reg. 3(a)
Regulation 6(3):	varied by 8, 1994, reg. 3(b)
Schedule 1:	varied by 92, 1989, reg. 3; 77, 1990, reg. 3; 126, 1991, reg 3; 91, 1992, reg. 3; 59, 1993, reg. 3; 56, 1994, reg. 3; substituted by 101, 1995, reg. 3; varied by 141, 1996, reg. 3; 151, 1997, reg. 4
Schedule 2:	substituted by 8, 1994, reg. 4