Queensland Consolidated Acts

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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 37Q

37Q Application to Land Court for forfeiture

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

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

(3) The notice must state the grounds on which the grantees consider 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 grantees must file a copy of the notice in the Land Court at the same time as the grantees refer the matter to the court.



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