New South Wales Consolidated Acts

LORD HOWE ISLAND ACT 1953 - SECT 30

30 Tenant-right in improvements

(1) Upon the expiration by effluxion of time of the term of a lease under section 22 the last holder shall have tenant-right in improvements which at the date of commencement of the lease were upon the land theretofore held under the expired lease and in improvements subsequently effected on such land with the approval of the Board.

(2) Upon the forfeiture of any lease under this Act, the Minister, on the recommendation of the Board, may by notification in the Gazette grant to the last holder thereof tenant-right in improvements which were on the land at the date of commencement of the lease and in improvements subsequently effected on such land with the approval of the Board.

(3) Where, under this section, a person has tenant-right in improvements, such tenant-right shall accrue upon the determination of the lease and shall entitle the person in whom for the time being the tenant-right is vested to receive the capital value of the improvements from any persons who take leases of the land containing the improvements, and the following provisions as to tenant-right shall apply in all cases:

(a) the improvements shall be the property of the person claiming to have tenant-right in respect thereof,

(b) the capital value of the improvements, or so much thereof as for the time being remains unpaid, shall be and remain a charge upon the land containing such improvements while in the hands of the lessee, until payment thereof,

(c) the holder of the lease of the land containing the improvements shall be liable to pay any instalments of the capital value thereof which shall accrue during his or her holding, and

(d) 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 Crown, but such lapsing shall not affect any agreement, determination or order for payment previously made.