Procedure for Removals

It is a standard clause in NSW Maritime domestic leases that the Authority may require the removal of some or all strucutres at lease expiry or termination, generally at the lessee's expense.

However, subject to this Procedure, removals may only be required if:

• The structure is illegal (that is, does not have development approval);
• The structure is derelict or dangerous;
• The lessee of the structure has repeatedly breached fundamental lease terms (for example, non-payment of rent);
• The owner of the property adjoining the structure or reclamation declines to enter into a lease; or
• The lease is at or near expiry and removal is required to meet a long-term government objective.

The Procedure replaces all previous policies and procedures on removals of domestic waterfront structures. For example, removals will no longer be required solely for reasons associated with the first or second sale of the adjoining property.

Any removal must have the specific written authorisation of the Chief Executive.

To view the Procedure click here.