Queensland Consolidated Acts

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ABORIGINES AND TORRES STRAIT ISLANDERS (LAND HOLDING) ACT 1985 - SECT 22

22 Action upon nonoccupation

(1) Where the indigenous council that is charged with the functions of local government in respect of a particular tenement held under a lease provided for by section 9(2) has reason to believe that--

(a) the tenement has been unoccupied by or on account of the lessee for a continuous period of 2 years; or
(b) the lessee is no longer a qualified person;

the council may cause to be given to the lessee, either personally or by registered post addressed to the lessee at his or her place of residence last known to the council a notice calling on the lessee to show cause to the council at a time and place specified in the notice why the lease should not be forfeited.

(2) If at the time and place so specified or at such other time and place to which the matter may be adjourned cause is not shown to the satisfaction of the council, it may cause to be given to the lessee, in a manner referred to in subsection (1), a notice that directs the lessee to either--

(a) occupy the tenement (personally or by another qualified person) on a continuing basis; or
(b) dispose of the tenement to a qualified person;

within a period of 12 months after the issue of the notice.

(3) If upon the expiration of the period of 12 months neither of the directions contained in the notice has been complied with, the lease of the tenement in question shall be liable to be forfeited.



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