Land Act 1994

The Minister may, within 3 months after a lease is forfeited, give the person who, immediately before the forfeiture, was the lessee of the lease a notice (an improvements notice) requiring the person, within a stated period, to—

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

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

remediate the relevant 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 relevant land may substantially hinder options for the future use or allocation of the relevant land;

the presence of the building or structure on the relevant land, or the condition of the building or structure, is likely to be 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 was 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 relevant 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 person an improvements notice, the Minister must consider any representations included in an improvements report given by the person.

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

In this section—relevant land, in relation to a lease that has been forfeited, means the land that was subject to the lease before its forfeiture.