New South Wales Consolidated Acts

LORD HOWE ISLAND ACT 1953 - SECT 27

27 Forfeiture

(1) Every lease under this Act shall be liable to be forfeited if any rent be not paid as required by this Act or upon breach of any condition annexed to the lease by or under this Act, or if it should appear to the satisfaction of the Minister after report by the Board that the land comprised in the lease is not used and occupied bona fide for the purpose for which the lease was granted, or where in pursuance of any other provision of this Act the lease becomes liable to forfeiture.

(2) Whenever in pursuance of the provisions of this Act a lease becomes liable to be forfeited, such forfeiture may be declared by the Minister by notification in the Gazette.

(3) No forfeiture of any lease under this Act shall take effect until the expiration of thirty clear days after notification of such forfeiture in the Gazette.

(4) The forfeiture of a lease under section 21 shall operate as a forfeiture of any lease under section 22 held by the same lessee in the same interest.

(5) The acceptance by or on behalf of the Crown of any rent or other payment in respect of a lease under this Act shall not be held to operate as a waiver by the Crown of any forfeiture accruing by reason of the breach of any condition annexed by or under this Act to the lease.

(6) In any case in which it appears to the Minister after report by the Board that there are good and sufficient reasons for the waiver of any forfeiture, the Minister may, notwithstanding anything contained in the conditions annexed to the lease by or under this Act, declare that such forfeiture is waived either absolutely or subject to the compliance with such conditions as aforesaid within such time or extension thereof as the Minister may see fit to determine; or upon such other conditions to be attached to the lease, as the Minister may, after the Board has made a recommendation in the matter, see fit to impose; and the forfeiture shall thereupon be waived accordingly.

(7) Subject to the following provisions of this subsection, the Minister, on the recommendation of the Board, shall have power to reverse whether provisionally or otherwise, any forfeiture declared under this section:

(a) A provisional reversal of a forfeiture shall suspend the operation of the forfeiture, as from the date when such forfeiture shall have been declared. In any case, where such provisional reversal shall afterwards be revoked, such revocation shall have the same effect as if the provisional reversal so revoked had never been made.

(b) Any absolute reversal of a forfeiture shall relate back to the date when forfeiture shall have been declared, and shall have the same effect as if the forfeiture so reversed had never been declared.

(c) Any reversal of a forfeiture shall, as soon as practicable, be notified in the Gazette; but the date of such reversal shall be the date of the approval thereof of the Minister.