New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 23

23 Lease or licence in respect of a common or part of a common to terminate in certain cases

(1) A lease or licence granted over a common is cancelled if the setting aside of the common, or the part of the common comprised in the lease or licence, is revoked or otherwise terminated.

(2) If a common is subject to a lease or licence and the setting aside of a part of the common comprised in the lease or licence is to be revoked or otherwise terminated, the trust concerned and the lessee or licensee may, before the revocation or termination takes effect, enter into an agreement in writing to the effect that the lease or licence is to continue in force as if that part of the common had never been subject to the lease or licence.

(3) If an agreement under subsection (2) is entered into, then, subject to any modifications contained in the agreement, the lease or licence to which the agreement relates continues in force as if the land which has ceased to form part of the common concerned had never been subject to the lease or licence.

(4) Compensation is not payable for the cancellation of a lease or licence by the operation of subsection (1) or in respect of the revocation or termination of the setting aside of a part of a common that was subject to a lease or licence.