Planning Act 2023

This section applies if—

a lessee—

contravenes this chapter or the lease; or

fails to pay a noncompliance fee or complete works within a new compliance time ; or

receives a compliance reminder notice and fails to comply with the notice; and

the territory planning authority has complied with section 459 (Notice of termination) in relation to the lessee.

The territory planning authority may, by written notice (a termination notice) given to the lessee, terminate the lease.

A termination notice takes effect 10 working days after the day the notice is given.

At the same time as, or as soon as practicable after, the termination notice is given to the lessee, the territory planning authority must give a copy of the termination notice to—

the registrar‑general; and

any person having an interest in the land described in the lease that is registered under the Land Titles Act 1925.

The validity of the termination of a lease is not affected by a failure to comply with subsection (4).

In this section:

compliance reminder notice means a notice by the territory planning authority to the lessee of a community lease stating that—

the lessee must, within 15 days after the day the lessee receives the notice—

if the lessee has failed to give the authority a community use report for a financial year—give the authority the community use report; or

if the lessee has failed to give the authority additional information requested under section 296 (4) in relation to a community use report—give the authority the additional information; or

if the lessee has failed to commission an audit as required by the authority under section 297 (1)—commission the audit; and

if the lessee fails to comply with the notice within the stated time, the lessee’s lease may be terminated.