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LAND ACT 1958 - SECT 176 Forfeiture of lease

LAND ACT 1958 - SECT 176

Forfeiture of lease

    (1)     If the Minister, after a public hearing under section 34 of which prior notice was given to every mortgagee of the lessee's interest, is satisfied that a lessee has failed to perform or comply with any of the covenants or conditions of his lease, the Governor in Council may by notice published in the Government Gazette declare the lease to be forfeited.

    (2)     Upon the making of a declaration the interest created by the lease shall cease and determine and the right and title of the lessee in and to the lease and the land therein described and all moneys paid thereunder shall be absolutely forfeited.

S. 176(3) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 item 39.33), 76/1998 s. 11(h).

    (3)     On forfeiture of a lease the lessee may remove all buildings and improvements erected by him on the demised land making good to the satisfaction of the Secretary any injury to the land.

S. 176(4) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 items 39.33, 39.34), 76/1998 s. 11(h).

    (4)     Any such building or improvement not removed within such period as the Secretary directs shall be the property of the Crown and may be sold removed demolished or otherwise dealt with as the Secretary may direct and the costs and expenses of and incidental to any sale removal demolition and the making good of any injury to the land to the extent to which they exceed the net price received on the sale of any improvements or buildings shall be a debt due to the Crown by the former lessee.

S. 177 substituted by No. 8304 s. 2.