171Improvements on an expired lease

#### 171 Improvements on an expired lease 171 Improvements on an expired lease > > (1) All improvements on leased areas vest in the State when the term of the lease expires or is otherwise terminated under this Part. > > > (2) The Minister may allow the former lessee to remove any such improvements. > > > (3) The Minister may, within 1 year after the termination of a lease, require the former lessee to remove any such improvements within the period notified in writing to the former lessee. > > > (3A) The Minister may, either on the application of the former lessee or on the Minister’s own initiative, vary or revoke a notice under subsection (3) by serving the variation or revocation, in writing, on the former lessee. > > > (3B) A former lessee who, without reasonable excuse, fails to comply with a notice under this section is guilty of an offence. > > > > Maximum penalty—100 penalty units. > > > (4) If the former lessee fails to remove improvements in accordance with a notice under this section, the Minister or an agent of the Minister may— > > > > > (a) enter the area, and > > > > > (b) carry out such work as is necessary to remove the improvements. > > > (5) The Minister may sell or otherwise dispose of anything removed in accordance with subsection (4). The proceeds of such a sale are to be applied towards the costs and expenses of— > > > > > (a) the sale, and > > > > > (b) the disposal of anything removed but not sold, and > > > > > (c) the carrying out of the work concerned. > > > > If the proceeds of sale (and of any forfeited bond or other security) are insufficient to enable those costs and expenses to be recouped, the balance can be recovered as a debt by the Minister by proceedings brought in a court of competent jurisdiction. > > > (6) A lessee who has applied for a renewal of the lease of a leased area cannot be required, as a condition of the granting of the renewal, to pay for any improvements to the area. > > **s 171:** Am 2017 No 22, Sch 1.8 \[3\] \[4\].