Western Australian Numbered Acts Western Australian Numbered Acts (1) If the Trust is
satisfied that a River reserve lessee has failed to comply with a provision of
the lease, the Trust may give the lessee notice of the nature of the failure
to comply and of the intention to cause the forfeiture of the lease.
(2) A River reserve
lessee may apply to the State Administrative Tribunal for a review of the
decision to give the notice.
(3) If —
(a) no
application for review is made under subsection (2);
(b) an
application for review is made under subsection (2) but the applicant
discontinues the application; or
(c) an
application for review is made under subsection (2) and the State
Administrative Tribunal —
(i)
dismisses the application for want of prosecution; or
(ii)
affirms the decision to give the notice,
the Trust may by order
cause the lease to be forfeited.
(4) The Trust must,
when it makes an order under subsection (3), lodge the order with the
Registrar of Titles for registration.
(5) On the
registration of an order made under subsection (3) —
(a) the
lease is forfeited to the Crown;
(b) any
moneys paid to the Trust in respect of that lease cannot be recovered by the
River reserve lessee; and
(c) any
improvements made by the River reserve lessee on the land to which the lease
relates become the property of the Crown.
(6) The
Land Administration Act 1997 section 35(5), (6), (7), (8), (9) and
(12) apply for the purposes of this section as if —
(a) a
reference in those provisions to the Minister were a reference to the Trust;
(b) a
reference in those provisions to the forfeiture of an interest under that
section were a reference to the forfeiture of a lease under this section; and
(c) a
reference to the respondent were a reference to the River reserve lessee.