Recovery of Lands Act 1929

This Act is the Recovery of Lands Act 1929.

This Act applies only in relation to Territory land.

This Act does not apply to a residential tenancy agreement within the meaning of the Residential Tenancies Act 1997 to which that Act applies.

If the Territory on behalf of the Commonwealth may because of any law or because of any provision contained in a lease determine a lease, or if the Territory on behalf of the Commonwealth has a right of re-entry or forfeiture under any proviso or stipulation in a lease for a breach of any covenant or condition in a lease, the Territory on behalf of the Commonwealth may determine the lease by written notice, in accordance with form 1, served on the lessee, stating that the lease has been determined and requiring the lessee to give up possession of the land to the Territory.

If, after a lease has been determined under section 3 or otherwise, the lessee or any person apparently in occupation or possession of the land fails to give up possession of it to the Territory within the time within which in the notice determining the lease, or, if the lease has been otherwise determined, in a notice in accordance with form 2, served on the lessee, the lessee is required to give up possession of the land, a magistrate sitting as the Magistrates Court, may, on the application of the Minister, or of any person acting in that behalf for the Minister, if in the magistrate’s opinion the lease has been lawfully determined, issue a warrant, in accordance with form 3, authorising any police officer, within a period of not more than 30 days after the date of the warrant, to enter on the land by force and with the assistance that is necessary and give possession of it to the Territory.

Notice, in accordance with form 4, of the intention of the Minister or of any person acting in that behalf for the Minister, to make an application for a warrant under section 4, shall be served on the lessee not less than 7 days before the time stated in the notice as the time when the application may be made.

The notice of intention to make an application for a warrant may be incorporated with the notice of determination of the lease, or the notice requiring the lessee to give up possession of the land.

The notice of the intention of the Minister to make an application for a warrant or a copy of it, with an affidavit of service, in accordance with form 5 duly completed endorsed on it, shall be left with the registrar of the court before the date when the application is to be made, and the application shall be included in the list of matters to be dealt with by the court on that day.

Service of any notice under this Act shall be deemed to have been duly effected if the notice or a true copy of it is—

given to the lessee personally; or

given to a person apparently over 16 years old, on, and apparently an occupant of, the land the subject of the lease; or

attached in a prominent position on the land the subject of the lease; or

posted by prepaid registered post addressed to the lessee at the lessee’s last-known place of abode.

Service of any notice under this Act may be proved by affidavit endorsed on the notice or a copy of it.

Any notice that may be given by the Territory on behalf of the Commonwealth or by the Minister under this Act shall be deemed to be a notice by the Territory on behalf of the Commonwealth or by the Minister if it is signed for and on behalf of the Territory or the Minister.

A certificate signed by the Minister, or any person the Minister directs, stating that a lease has been determined shall be evidence of the determination of the lease.

The Minister may, in writing, approve forms for this Act.

If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.

Note For other provisions about forms, see the Legislation Act, s 255.

An approved form is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

In this Act, a reference to a form by a number is a reference to an approved form identified with the number.