Queensland Consolidated Acts

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ABORIGINAL LAND ACT 1991 - SECT 40Q

40Q Application to Land Court for forfeiture

(1) Before the lease is forfeited, the trustee must refer the matter to the Land Court to decide whether the lease may be forfeited.

(2) The trustee must give the lessee, and any mortgagee of the lease, at least 28 days written notice of the trustee's intention to refer the matter to the Land Court.

(3) The notice must state the grounds on which the trustee considers the lease may be forfeited.

(4) In deciding whether the lease may be forfeited, the Land Court must have regard to--

(a) the stated grounds; and
(b) if the lease is proposed to be forfeited because of a breach of a condition of the lease--whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.

(5) The trustee must file a copy of the notice in the Land Court at the same time as the trustee refers the matter to the court.



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