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Crown Lands Act 1992
38Breach of conditions
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38 Breach of conditions
(1) If the Minister is satisfied that a lessee has failed to comply with a
condition of a lease, the Minister may give written notice of the
breach to the lessee and require the lessee to furnish to the
Minister, within the time specified in the notice, an explanation of
why the lessee has not complied with the condition.
(2) If the Minister, after considering an explanation furnished as
required under subsection (1), is satisfied with the explanation, the
Minister may waive the breach and may direct that the condition be
complied with within such time as the Minister specifies in writing to
the lessee.
(3) If:
(a) an explanation is not furnished as required under
subsection (1);
Crown Lands Act 1992 18
(b) the Minister is not satisfied with the explanation furnished; or
(c) the lessee fails to comply with the condition within the time
specified under subsection (2),
the Minister may, in the Minister's discretion:
(d) by notice in writing to the lessee, direct that the condition be
complied with within such time as the Minister specifies in the
notice; or
(e) if the Minister is satisfied that the non-compliance has been
wilful and that the lessee has made no real effort to comply
with the conditions, by notice in writing to the lessee, forfeit the
(4) If a lessee fails to comply with a notice under subsection (3)(d)
within the time specified in the notice, the Minister shall forfeit the