Land Act 1994

The Minister may give a lessee or licensee a notice (a remedial action notice) to take stated remedial action, within the reasonable time stated in the notice, if—

a ground for giving the notice exists; and

section 214A has been complied with.

For subsection (1)(a) a ground for giving the notice is that—

the Minister is satisfied the lessee or licensee is—

using the lease land or licence land—

in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199; or

in a way that is likely to cause, or that has caused, land degradation; or

breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; orNote—A lease may be forfeited under section 234(b) for breach of a condition of the lease that there must be a land management agreement for the lease.

in contravention of a provision of this Act in relation to the lease or licence; or

the Minister has carried out a review under section 176X and, because of the review, the Minister considers that the stated remedial action is necessary or desirable.

If the notice relates to a lease and is given on the ground the Minister is satisfied the lessee has breached a condition of the lease applying under section 199B, the remedial action may require the lessee to—

for the breach of a condition applying under section 199B(a)—carry out repairs to bring a stated building or another structure into a good and substantial state of repair; or

for the breach of a condition applying under section 199B(b)(i) or (ii)—remove or demolish a stated building or another structure.

If the notice relates to a lease and there is a land management agreement for the lease, the remedial action may include requiring the lessee to enter into an amended or a new land management agreement for the lease that includes stated provisions.

The lessee or licensee must be given a notice of the decision to give the remedial action notice and the reasons for the decision.