Document ID: chunk:federal_register_of_legislation:F2022L00470:reg:50
Version: federal_register_of_legislation:F2022L00470
Segment Type: reg
Provision Reference: reg 50
Character Range: 66020–67166

50  Recovery of lands by Commonwealth

Meaning of unlawful occupier
 (1) A person is an unlawful occupier if:
 (a) the person was a lessee of National Land; and
 (b) the lease has expired, or been surrendered or terminated; and
 (c) the person remains in possession or occupation of the land.

Demand for possession
 (2) The Minister may, by written notice (a demand notice) given to an unlawful occupier, demand that the unlawful occupier give possession of the land to the Commonwealth within the reasonable period specified in the demand notice, being a period ending not less than 10 business days after the day the demand notice is given.

Non‑compliance with demand notice
 (3) If a demand notice is not complied with:
 (a) the Minister may apply to the Magistrates Court for an order that possession of the land be given to the Commonwealth; and
 (b) the court may issue a warrant authorising a police officer, within the period ending 20 business days after the day the warrant is issued, to enter the land with such assistance and using such force as is necessary and reasonable, to recover possession of the land for the Commonwealth.