Planning Act 2023
382How land may be recovered if former lessee or licensee
Start here
Get a plain-English read of 382
Turn the raw legal text into a practical explanation grounded in Planning Act 2023.
382 How land may be recovered if former lessee or licensee in possession (a) a person who has been a lessee remains in possession of the land after— (i) the term of the lease has ended; or (ii) the lease has been surrendered or ended; or (b) a person who has been a licensee remains in possession of the land after— (i) the term of the licence has ended; or (ii) the licence has been surrendered or ended. (2) The territory planning authority may, by written notice to the person (the unlawful occupier), demand that the unlawful occupier give possession of the land to the authority within the reasonable period stated in the demand.
Leases and licences—miscellaneous Part 10.14 (3) If the demand is not complied with— (a) the territory planning authority may apply to the Magistrates Court for an order that possession of the land be given to the authority; and (b) the court may issue a warrant authorising a police officer, within 20 working days after the day the warrant is issued, to enter the land with any reasonable assistance or force required to give possession of the land to the authority. licence means a licence granted by the Territory, the Commonwealth or the territory planning authority.