sec.89Application to Land Court if no interested persons identified

sec.89 Application to Land Court if no interested persons identified

This section applies if the Minister is satisfied that— either of the following is deceased— the holder of a lease entitlement included in a lease entitlement notice currently in force; the lessee of a 1985 Act granted lease; and it has not been possible, after making enquiries that are reasonable in the circumstances, to identify any interested person in the estate of the deceased holder or lessee. The Minister may apply to the Land Court for an order that— the Minister has made all enquiries that are reasonable in the circumstances to identify interested persons; and the lease entitlement or lease is ended, and converted into a right to compensation for its loss. Compensation mentioned in subsection (2) (b) may be claimed from the State, commenced by an application to the Minister, within— 3 years after the court’s order under the subsection; or a later time approved by the Minister if the Minister considers an extension of time is reasonable in the circumstances. If the Minister and a person claiming compensation can not agree on the amount of compensation, the claimant may apply to the Land Court and the court may decide the amount of the compensation. For a lease entitlement, the compensation is the value of the lease, as at the date the claim is made to the Minister, that would have been granted to satisfy the lease entitlement if the holder had not been deceased. For a 1985 Act granted lease, the compensation is the value of the lease, as at the date the claim is made to the Minister, if the lease had not ended. (sec.89-ssec.1) This section applies if the Minister is satisfied that— either of the following is deceased— the holder of a lease entitlement included in a lease entitlement notice currently in force; the lessee of a 1985 Act granted lease; and it has not been possible, after making enquiries that are reasonable in the circumstances, to identify any interested person in the estate of the deceased holder or lessee. (sec.89-ssec.2) The Minister may apply to the Land Court for an order that— the Minister has made all enquiries that are reasonable in the circumstances to identify interested persons; and the lease entitlement or lease is ended, and converted into a right to compensation for its loss. (sec.89-ssec.3) Compensation mentioned in subsection (2) (b) may be claimed from the State, commenced by an application to the Minister, within— 3 years after the court’s order under the subsection; or a later time approved by the Minister if the Minister considers an extension of time is reasonable in the circumstances. (sec.89-ssec.4) If the Minister and a person claiming compensation can not agree on the amount of compensation, the claimant may apply to the Land Court and the court may decide the amount of the compensation. (sec.89-ssec.5) For a lease entitlement, the compensation is the value of the lease, as at the date the claim is made to the Minister, that would have been granted to satisfy the lease entitlement if the holder had not been deceased. (sec.89-ssec.6) For a 1985 Act granted lease, the compensation is the value of the lease, as at the date the claim is made to the Minister, if the lease had not ended.