LAND ADMINISTRATION ACT 1997 - SECT 35
LAND ADMINISTRATION ACT 1997 - SECT 35
35 . Breach of condition or covenant applying to Crown or freehold land, Minister’s powers in case of
(1) If in the opinion
of the Minister there has been a breach of any condition or covenant subject
to which —
(a) an
interest in Crown land is held, the Minister must, if the Minister intends to
cause the forfeiture of that interest under this section, give to the holder
of that interest; or
(b) the
freehold in any land transferred in fee simple under section 75(1) is held,
the Minister must, if the Minister intends to cause the forfeiture of that
freehold under this section, give to the holder of that freehold,
(the respondent )
notice of the nature of that breach and of that intention.
(2) A respondent may,
within the period of 30 days after the respondent is given notice under
subsection (1) or such longer period as the Minister in special circumstances
allows, lodge an appeal against the proposed forfeiture with the Minister
under Part 3.
(3) If no appeal is
lodged within the period referred to in subsection (2) or an appeal is lodged
within that period but subsequently lapses, is withdrawn or is dismissed, the
Minister may by order cause the relevant interest or freehold to be forfeited.
(4) On the
registration of an order made under subsection (3) in respect of an interest
in Crown land, the interest is forfeited to the State.
(4A) On the
registration of an order made under subsection (3) in respect of the freehold
in land (other than land to which subsection (4B) applies) —
(a) the
freehold is forfeited to the State; and
(b) at
the election of the Minister —
(i)
the freehold in the land is held by the Minister, in the
name of the State; or
(ii)
the land becomes Crown land.
(4B) On the
registration of an order made under subsection (3) in respect of the freehold
in land that is subdivided by a leasehold scheme —
(a) the
freehold is forfeited to the State; and
(b) the
land remains subdivided; and
(c) the
freehold reversion in the land is held by the Minister, in the name of the
State, until the termination of the leasehold scheme, when, at the election of
the Minister —
(i)
the freehold in the land is held by the Minister, in the
name of the State; or
(ii)
the land becomes Crown land.
(4C) On the
registration of an order made under subsection (3) —
(a) any
moneys paid to the Minister in respect of the relevant interest or freehold
cannot be recovered by the respondent; and
(b) any
improvements made by the respondent on the land to which the relevant interest
or freehold relates become the property of the Crown.
(5) Despite the
forfeiture of an interest or freehold under this section —
(a) the
Minister may —
(i)
by order exempt from that forfeiture any existing
sublease, other interest or caveat relating to the land the subject of the
interest or freehold, and a sublease, other interest or caveat so exempted
continues to have effect; and
(ii)
cause any improvements made by the former holder of the
interest or freehold to be valued by agreement with the former holder or,
failing any such agreement, by arbitration under the
Commercial Arbitration Act 2012 to enable the value of improvements, less any
moneys owing to the Minister by that holder, to be paid to that former holder
if the Minister thinks fit;
and
(b) the
respondent remains liable to pay any moneys payable to the Minister in respect
of the interest or freehold before the date of that forfeiture.
(6) A sublease or
other interest which —
(a)
continues to have effect under an exemption granted under subsection
(5)(a)(i); and
(b) is
not already registered,
must be registered
against the parcel of land concerned as soon as practicable after the granting
of that exemption.
(7) Despite the terms
of the exemption under subsection (5)(a)(i) under which a sublease or other
interest continues to have effect, the Minister may, with the consent of the
sublessee or interest holder, by order vary the terms of the sublease or other
interest.
(8) The Minister may
—
(a)
charge the respondent interest at the same rate as the rate prescribed under
section 8(1)(a) of the Civil Judgments Enforcement Act 2004 at the date of the
forfeiture under subsection (4), (4A)(a) or (4B)(a) of the relevant interest
or freehold, compounded in respect of each completed period of 6 months during
which any of the moneys concerned remain unpaid, on any moneys payable to the
Minister in respect of that interest or freehold before the date of that
forfeiture but remaining unpaid; and
(b)
recover from the respondent as a debt due to the Minister by action in a court
of competent jurisdiction the amount of any unpaid interest charged under this
subsection.
(9) The acceptance or
demand by the Minister of an amount less than the total amount of any unpaid
moneys referred to in subsection (8)(a) does not constitute a waiver of the
Minister’s right —
(a) to
receive payment of the balance of those unpaid moneys; or
(b) to
enforce the observance of any condition or covenant subject to which the
relevant interest or freehold was held before it was forfeited under this
section.
(10) If the land the
subject of an interest or freehold forfeited under this section is not
required for any public purpose, that land may, unless it is subdivided by a
leasehold scheme or any sublease, other interest or caveat continues to have
effect under an exemption granted under subsection (5)(a)(i), be dealt with
under this Act in the same way that any other alienated land or unallocated
Crown land, as the case requires, may be dealt with.
(10A) If the freehold
reversion in land forfeited under this section is held by the Minister, as
referred to in subsection (4B)(c), then nothing in this Act, or any other law,
affects the capacity of the Minister under the Strata Titles Act 1985 to be,
and to exercise all rights and functions as —
(a) the
owner of a leasehold scheme; and
(b) if
the Minister, as owner of a leasehold scheme, re-enters a lot in a leasehold
scheme under the Strata Titles Act 1985 — the owner of a lot in a
leasehold scheme.
(11) If there are any
improvements on land referred to in subsection (10), the Minister may
ascertain the value of those improvements and add that value to the price
payable for an interest in, or the freehold in, that land.
(12) An order —
(a) made
under subsection (3) in respect of an interest in Crown land; and
(b)
registered,
is equivalent to a
re-entry and recovery of possession by or on behalf of the Crown within the
meaning of any provision for re-entry expressed in, or implied by, the
relevant lease or other instrument.
[Section 35 amended: No. 8 of 2009 s. 83(2); No.
23 of 2012 s. 45; No. 30 of 2018 s. 147; No. 4 of 2023 s. 18.]