New South Wales Consolidated Acts

LUNA PARK SITE ACT 1990 - SECT 14

14 Removal of improvements at the request of the lessee

(1) The lessee may remove any improvements made by the lessee from the Luna Park site, but only with the approval in writing of the Minister.

(2) An application for an approval under this section may not be made by the lessee later than 3 months after such date as the Minister may, for the purposes of this subsection, notify in writing to the lessee.

(3) If an approval under this section to the removal of an improvement is not granted within 1 month after it is applied for by the lessee, the lessee may submit the matter to the arbitrator to determine:

(a) whether or not the lessee should be entitled to remove the improvement, and

(b) if the arbitrator determines that the improvement is not to be removed, whether or not any compensation should be paid to the lessee in respect of the improvement and, if compensation should be paid, the amount of the compensation.

(4) If an improvement which may be removed under this section is not removed by the lessee within 3 months after approval to remove the improvement is given by the Minister or the arbitrator, the improvement (in so far as it is not vested in the Crown under section 5) is forfeited to the Crown and no compensation is payable to any person in respect of its forfeiture.

(5) If, before, on or after 6 June 1990, an improvement is improperly removed from the Luna Park site by the lessee, the amount of any compensation to which the lessee may be entitled under this Act is to be reduced by an amount equal to the value of the improvement as determined by the arbitrator.