23Forfeiture for breach of conditions

### 23 Forfeiture for breach of conditions > > (1)  Where the purchaser of any Crown land under contract has, in the opinion of the Minister, failed to comply with, or otherwise breached, any condition of the contract other than non-payment of instalments payable thereunder, the Minister shall give notice in writing to the purchaser that he intends to declare the land to be forfeited to the Crown. > > > (2)  The notice shall specify the alleged cause of forfeiture and the purchaser's right to object against the forfeiture to the Minister in accordance with [subsection (3)](#GS23@Gs3@EN) . > > > (3)  If the purchaser desires to object against the forfeiture, he shall, within the period of 30 days of the notice of forfeiture being served on him, serve on the Minister, his objection in writing setting forth the grounds of his objection and the Minister shall consider the objection and advise the purchaser in writing of his decision. > > > (4)  [*\[Section 23 Subsection (4) amended by No. 7 of 2025, s. 72, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS72@Hpa@EN) [*\[Section 23 Subsection (4) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja11@GC2@Hpa@EN) If the decision of the Minister is to proceed with forfeiture, the purchaser may apply to the Tasmanian Civil and Administrative Tribunal for a review of the decision. > > > (5)  [*\[Section 23 Subsection (5) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja11@GC2@Hpa@EN) .  .  .  .  .  .  .  .   > > > (6)  [*\[Section 23 Subsection (6) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002\]*](/view/html/inforce/2002-06-28/act-2001-102#JS2@JT@tr@oc6@EN) [*\[Section 23 Subsection (6) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja11@GC2@Hpa@EN) .  .  .  .  .  .  .  .   > > > (7)  [*\[Section 23 Subsection (7) amended by No. 7 of 2025, s. 72, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS72@Hpb@EN) [*\[Section 23 Subsection (7) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja11@GC2@Hpb@EN) Subject to [subsection (8)](#GS23@Gs8@EN) , if the purchaser fails to object against forfeiture in accordance with [subsection (2)](#GS23@Gs2@EN) or he has complied with that subsection but failed to comply with [subsection (3)](#GS23@Gs3@EN) or he has complied with both of those subsections but the Tasmanian Civil and Administrative Tribunal has affirmed the decision under review, the Minister shall, by notice published in the *Gazette*, declare the land to be forfeited to the Crown. > > > (8)  The Minister may, before the publication in the *Gazette* of the notice referred to in [subsection (7)](#GS23@Gs7@EN) and in his absolute discretion, extend any of the times referred to in this section. > > > (9)  A notice under [subsection (7)](#GS23@Gs7@EN) is not a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .