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LAND ACT 1994 - SECT 38G
Dealing with improvements
38G Dealing with improvements
(1) An owner of improvements on a deed of grant in trust that has been
cancelled may apply, in writing to the chief executive, to remove the
owner’s improvements on the deed of grant in trust.
(2) The owner may
remove the improvements only with the written approval of, and within a time
stated by, the chief executive.
(3) The improvements become the property of
the State if— (a) the chief executive has not given written approval for
their removal; or
(b) the chief executive has given written approval for
their removal but the improvements have not been removed within the time
stated by the chief executive.
(4) However, if the land the subject of
cancellation is leased or sold, the owner has a right to payment for the
improvements under chapter 5 , part 5 .
(5) In this section—
"owner" , of improvements, means— (a) if the trustee under the cancelled
deed of grant in trust owned the improvements—the trustee; or
(b) a person
who— (i) made the improvements with the trustee’s authority; and
(ii)
owned the improvements.
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