New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 129

129 Minister may forfeit holdings

(1) The Minister may declare a holding to be forfeited if:

(a) the holder fails to comply with a provision of this or any other Act applying to, or a condition attaching to, the holding,

(b) the holder fails to make any payment due under this Act or the Crown Lands (Continued Tenures) Act 1989 , the regulations or a condition attaching to the holding within 3 months of the due date,

(c) the holder gives up or parts with possession of the whole or any part of the holding except as authorised by or under this Act or the Crown Lands (Continued Tenures) Act 1989 , the regulations or a condition attached to the holding, or

(d) the holding has otherwise become liable to forfeiture under this Act or the Crown Lands (Continued Tenures) Act 1989 .

(2) This section does not apply to a failure to pay money if the payment of the money is secured by a mortgage.

(3) The acceptance of money by the Crown in respect of a forfeited holding does not operate as a waiver of the forfeiture.

(4) In this section:
"holding" includes a lease to the Commonwealth under Part 8 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989 .