Northern Territory Consolidated Acts

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CROWN LANDS ACT - SECT 38

Breach of conditions

38. Breach of conditions

(1) If the Minister is satisfied that a lessee has failed to comply with a condition of a lease, the Minister may give written notice of the breach to the lessee and require the lessee to furnish to the Minister, within the time specified in the notice, an explanation of why the lessee has not complied with the condition.

(2) If the Minister, after considering an explanation furnished as required under subsection (1), is satisfied with the explanation, the Minister may waive the breach and may direct that the condition be complied with within such time as the Minister specifies in writing to the lessee.

(3) If:

(a) an explanation is not furnished as required under subsection (1);

(b) the Minister is not satisfied with the explanation furnished; or

(c) the lessee fails to comply with the condition within the time specified under subsection (2),

the Minister may, in the Minister's discretion:

(d) by notice in writing to the lessee, direct that the condition be complied with within such time as the Minister specifies in the notice; or

(e) if the Minister is satisfied that the non-compliance has been wilful and that the lessee has made no real effort to comply with the conditions, by notice in writing to the lessee, forfeit the lease.

(4) If a lessee fails to comply with a notice under subsection (3)(d) within the time specified in the notice, the Minister shall forfeit the lease.



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