The Authority may, by written notice, terminate a lease or license if it or relevant legislation has been breached.

Breaches of leases or licences

Leases provide a clear statement of rights and obligations. A formal complaint system enables a person to request the Authority to investigate an alleged breach of a lease or licence. The Authority will need to notify the complainant of the outcome of the investigations, including whether it is proposed to take compliance action.

Notice of possible termination

The Authority must not terminate a lease or licence unless it has informed the lessee or licensee by written notice that it is considering terminating the lease or licence. For termination of a lease, the Authority must also provide a copy of the notice to each person with a registered interest.

The notice must:

• inform the lessee or licensee that the Authority is considering terminating the lease or licence;
• explain the grounds on which the Authority is considering taking such action; and
• invite the lessee or licensee to notify the Authority not later than 15 working days after notice is received why the lease or licence should not be terminated.

Any reasons given by the lessee or licensee for not terminating the lease or licence are to be taken into account before termination of the lease or licence.

Notice of termination

A written notice ending the person’s right to a lease must specify the grounds on which it is given and when it is to take effect. A lease termination takes effect 10 working days after the notice is served. A licence termination takes effect five working days after the notice is served.

If the Authority does not know the residential address of the person to whom the notice is to be given, it may give notice by publishing a copy of the notice in a daily newspaper. Copies of the termination notice for leases must be given to the lessee, the Registrar-General and any persons with a registered interest in the lease.

Note the Authority may try to confirm the relevant contact details by requesting information from the Office of State Revenue.

Possession of land

The Authority may demand that a person who has been a lessee or licensee and who remains in possession of land after a lease or licence has ended or been surrendered give the land to the Authority within a reasonable period stated in a notice. If the demand is not complied with, the Authority can apply to the Magistrates Court for an order and the court may issue a warrant for a police officer to enter the land and, by reasonable force, give possession of the land to the Authority.