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LAND ACT 1958 - SECT 195 Hearing

LAND ACT 1958 - SECT 195

Hearing

S. 195(1) amended by No. 57/1989 s. 3(Sch. item 109.5).

    (1)     On the production of a copy of the Government Gazette containing a notice that such licence or lease has expired or become forfeited or forfeited and void or been revoked and upon proof to the satisfaction of the court at the time and place specified in the summons or at any adjourned hearing of the said information that the land referred to in such summons is the same as is referred to in the said notice a warrant shall be issued which may be in the form or as near as may be in the form contained in the Eighth Schedule.

S. 195(2) amended by Nos 57/1989 s. 3(Sch. item 109.6), 37/2014 s. 10(Sch. item 92.2).

    (2)     Any police officer or bailiff to whom such warrant is directed may forthwith execute the same according to the tenor and exigency thereof in the same manner as any warrant of possession may now be executed by the sheriff.

    (3)     The jurisdiction of such court shall not be taken away or deemed to be ousted by any claim of title question of property or suggestion of right whether made bona fide or otherwise which may be raised at any such hearing as aforesaid.

    (4)     This and the last preceding section shall not affect any person who lawfully occupies any land therein referred to after the licence or lease thereof has expired and pending only the issue of a lease or Crown grant for such land and who has fulfilled all the covenants and conditions of the licence or lease so far as they are applicable to him.

No. 3709 s. 159.

S. 196 amended by No. 7228 s. 7(Sch. 4 Pt 19(la)).