New South Wales Consolidated Acts

HAY IRRIGATION ACT 1902 - SECT 19

19 Tenant-right in improvements

(1) Upon the determination of the lease of any lot, the lessee shall be entitled to receive the value to an incoming tenant of the improvements from any person who takes a lease of the land containing the improvements. And in the event of such person not paying the amount then due and unpaid for the value of such improvements, such amount or so much thereof as remains unpaid for the time being shall, until payment thereof, be and remain a charge upon the land containing such improvements while in the hands of a lessee. The value of the improvements to an incoming tenant shall be appraised by the local land board in the manner prescribed by section 44 of the Crown Lands Act of 1889 , but shall be calculated on the basis of the value of such improvements to the land leased, and the payment of the value shall be made by such instalments, and at such dates, as may be prescribed by regulations.
The improvements, in respect of which tenant-right is conferred by this Act, shall in all cases be:

(a) of a permanent, fixed, and substantial character, and necessary for the profitable occupation of the land, and

(b) the property of the person claiming to have tenant-right in respect thereof,

and improvements which were forfeited or forfeitable to, or vested in, the Ministerial Corporation immediately prior to the accruing of the tenant-right shall not be included:

(2) Provided that:

(a) the tenant-right shall lapse after the expiration of twelve years from the date of its first accruing, and thereafter the improvements shall be the property of the Ministerial Corporation; but such lapsing shall not affect any agreement, appraisement, or order for payment previously made, and

(b) the holder of the lease of the land containing improvements shall be liable to pay any instalments of the value thereof, as appraised by the local land board, which may accrue due during his or her holding.