New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 134

134 Enforcement of possession orders

(1) The principal registrar of the Tribunal may, on the application of an operator in whose favour a possession order was made, issue a warrant for possession of the residential site concerned if the principal registrar is satisfied that the order or a condition of suspension of the order has not been complied with.

(2) An application for a warrant for possession may be made immediately, if the possession order so provides, or not more than 30 days after the date by which vacant possession was required or within such further period as the Tribunal may permit.

(3) Without limiting subsection (2), the Tribunal may permit an application to be made within a further period if the delay in making the application is attributable to genuine attempts by the applicant to arrange for breaches of the site agreement or this Act to be remedied so as to enable the continued occupation of the residential site under the site agreement.

(4) A warrant for possession is to be in the form approved by the principal registrar of the Tribunal and must authorise a sheriff's officer--

(a) to enter a specified residential site, or a home or any part of a home on a residential site, and to give possession of the residential site to the person specified in the warrant, and

(b) to remove the occupants of the residential site, or a home on the residential site, from the community and prevent their access to the community.

Note--: Section 7A of the Sheriff Act 2005 contains provisions relating to the enforcement of warrants.

(5) The provisions of section 7A(1) and (2) of the Sheriff Act 2005 extend to authorising a sheriff's officer executing a warrant for possession to do the things referred to in subsection (4)(b).