Land Act 1994

The Minister may, before the relevant day, give the lessee a notice (an improvements notice) requiring the lessee, within a stated period after the lease expires, to—

carry out repairs to bring a stated building or another structure on the lease land into a good and substantial state of repair; or

remove a stated building or another structure from the lease land; or

remediate the lease land to the reasonable standard stated in the notice.

For subsection (1), the stated period must be a reasonable period, of not less than 3 months, having regard to the nature of the action required under the improvements notice.

An improvements notice may require the repair of a building or another structure only if the Minister is satisfied the building or structure is not in a good and substantial state of repair.

An improvements notice may require the removal of a building or another structure only if the Minister is satisfied—

1 or more of the following applies for the building or structure—

the building or structure is not consistent with the purpose for which the lease was originally issued or, if the purpose has been changed under section 154, the purpose of the lease as changed;

the presence of the building or structure on the lease land may substantially hinder options for the future use or allocation of the land;

the presence of the building or structure on the lease land, or the condition of the building or structure, is likely to create a substantial liability for the State;

the building or structure is not in a good and substantial state of repair and it is not practicable to bring the building or structure into a good and substantial state of repair; and

the lease is not subject to a condition requiring the building or structure to remain on the lease land or prohibiting its removal.

An improvements notice may require the remediation of the lease land only if the Minister is satisfied—

the land has been affected by a building or another structure on the land; or

the land has been, or is likely to be, affected by the removal of a building or another structure from the land.

In deciding whether to give the lessee an improvements notice, the Minister must consider any representations included in an improvements report given by the lessee.

The improvements notice must be accompanied by or include an information notice about the decision to give the improvements notice.

The Minister may also give the lessee an improvements notice after the relevant day, but not later than 6 months after the lease expires, if the lessee—

fails to give the Minister an improvements report under section 156; or

gives the Minister an improvements report that is false or misleading in a material particular; or

fails to comply with a requirement made under section 156(4)(a) or (b).

In this section—relevant day, in relation to a lease, means the day that is—

for a lease that has a term of 5 years or more—6 months before the expiry of the lease; or

otherwise—4 months before the expiry of the lease.