176Forfeiture of lease

176 Forfeiture of lease S. 176(1) substituted by No. 14/2024 s. 9. (1) If the Minister is satisfied that the lessee of any lease granted under this Division (other than under section 170) has failed to comply with any covenant or condition of the lease, the Minister must— (ii) the date, being not less than 30 days from the date of the notice, by which the lessee must rectify the non-compliance; and (ii) inviting the mortgagee to make written submissions to the Minister regarding the non‑compliance within 30 days after receiving the notice or any longer period specified in the notice. S. 176(1A) inserted by No. 14/2024 s. 9. (1A) If the lessee does not rectify the non‑compliance specified in the notice under subsection (1)(a) within the specified period, the Minister, after considering any submissions made in accordance with subsection (1)(b), may declare, by notice published in the Government Gazette, that the lease is forfeited. (2) Upon the making of a declaration the interest created by the lease shall cease and determine and the right and title of the lessee in and to the lease and the land therein described and all moneys paid thereunder shall be absolutely forfeited. S. 176(3) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 item 39.33), 76/1998 s. 11(h). (3) On forfeiture of a lease the lessee may remove all buildings and improvements erected by him on the demised land making good to the satisfaction of the Secretary any injury to the land. S. 176(4) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 items 39.33, 39.34), 76/1998 s. 11(h). (4) Any such building or improvement not removed within such period as the Secretary directs shall be the property of the Crown and may be sold removed demolished or otherwise dealt with as the Secretary may direct and the costs and expenses of and incidental to any sale removal demolition and the making good of any injury to the land to the extent to which they exceed the net price received on the sale of any improvements or buildings shall be a debt due to the Crown by the former lessee. S. 177 substituted by No. 8304 s. 2.