{"id":"pastoral-land-act-1992","name":"Pastoral Land Act 1992","slug":"pastoral-land-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30467,"registerId":"nt-pastoral-land-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Pastoral leases for automatic conversion","content":"Schedule 1 Pastoral leases for automatic conversion\nto perpetual pastoral leases\n\n____________________\nAs in force at 27 November 2023\n____________________\nPASTORAL LAND ACT 1992\nAn Act to make provision for the conversion and granting of title to\npastoral land and the administration, management and conservation of\npastoral land, and for related purposes\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Pastoral Land Act 1992.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\nAboriginal person means a person who is a member of the\nAboriginal race of Australia.\nanimal equivalent, see section 3A(2).\napplicant, for Part 4, Division 1, see section 35(5).\napproved means approved by the Minister.\nBoard means the Pastoral Land Board established by section 11\nor, in relation to a power or function delegated under section 24 to\na member or members of the Board, that member or those\nmembers.\nChairperson, in relation to the Board, means the Chairperson\nappointed under section 16 and includes a person appointed under\nsection 19(1) to act as the Chairperson while the person is so\nacting.\nclear, in relation to land, see section 91A.\n\nPastoral Land Act 1992 2\nclearing period means:\n(a) the period determined by the Board under section 91J(1); or\n(b) if no period is determined by the Board under section 91J(1) –\nthe period specified in section 91J(3).\nclearing permit, see section 91F(1).\ncondition, in relation to a pastoral lease, includes a covenant and\na term and, in relation to land, means the state of the land.\nCrown land means all lands of the Territory, including the bed of\nthe sea within territorial limits, but does not include reserved or\ndedicated land.\ndegradation, in relation to land, means a decline in the condition of\nthe natural resources of the land, including the capacity of the land\nto sustain pastoral productivity, resulting directly or indirectly from\nhuman activities on or affecting the land.\nDistrict means a pastoral district into which the Territory is divided\nunder section 8.\nestimated carrying capacity, see section 3A(1).\nferal animal means an animal of a kind introduced into Australia\nsince 1787 that is living in a wild state.\nhomestead, in relation to land the subject of a pastoral lease,\nmeans a building or group of buildings and other facilities of a\nsubstantial nature built for residential, administrative and\nmanagement purposes and used for those purposes in connection\nwith the legitimate pastoral use of the land.\nimproved pasture, in relation to pastoral land, means a variety of\nplant not native to the District in which the pastoral land is situated\nthat is sown and cultivated for consumption by grazing animals or\nfor soil conservation or improvement purposes.\nimprovements has the same meaning as it has in the Valuation of\nLand Act 1963.\ninterested person, for Part 4, Division 1, see section 35(5A).\nlease transaction, for Part 4, see section 30B(1).\n\nPastoral Land Act 1992 3\nlessee includes:\n(a) the person to whom a lease passes, whether by transfer or\ndevolution;\n(b) a person permitted, in pursuance of an arrangement under\nsection 50, to hold over land that was the subject of a former\npastoral lease after the expiration of the term of the lease;\n(c) a mortgagee in possession; and\n(d) where applicable, a sublessee or other person in control of the\nrelevant land.\nmonitoring site means a monitoring site established under\nsection 75.\nnative vegetation, see section 91B.\nnon-pastoral purpose, see section 85A(1).\nnon-pastoral use permit means a permit granted by the Board\nunder section 85A(1).\nNTA means the Native Title Act 1993 (Cth).\npastoral land means land the subject of a pastoral lease.\npastoral lease means a lease granted over Crown land for\npastoral purposes and includes a pastoral homestead lease and\nland which, in pursuance of an arrangement under section 50, is\nheld over by the former lessee after the expiration of the term of a\npastoral lessee means a lessee under a pastoral lease.\npastoral purposes means the pasturing of stock for sustainable\ncommercial use of the land on which they are pastured or\nagricultural or other non- dominant uses essential to, carried out in\nconjunction with, or inseparable from, the pastoral enterprise,\nincluding the production of agricultural products for use in stock\nfeeding and pastoral based tourist activities such as farm holidays,\nbut does not include a use which, under section 91, is declared by\nthe Board not to be a use for pastoral purposes.\nreference area means an area of pastoral land declared under\nsection 74(1) to be a reference area.\nregistered native title body corporate has the meaning given in\nsection 253 of the NTA.\n\nPastoral Land Act 1992 4\nregistered native title claimant has the meaning given in\nsection 253 of the NTA or, if the claimant is replaced under\nsection 66B of the NTA, means the person who replaced the\nclaimant.\nregistered native title rights and interests means:\n(a) in relation to a registered native title claimant – the native title\nrights and interests of the claimant described in the relevant\nentry on the Register of Native Title Claims, established and\nmaintained in accordance with Part 7 of the NTA; and\n(b) in relation to a registered native title body corporate – the\nnative title rights and interests of the body corporate described\nin the relevant entry on the National Native Title Register\nestablished and maintained under Part 8 of the NTA.\nrehabilitate, in relation to land, means to bring the land back as\nnear as practicable to the condition it was in before its degradation,\nhaving particular regard to its capacity to carry stock and its level of\nsoil stability and:\n(a) if there is a remedial plan in force under section 76 in respect\nof the land – the action required to comply with the remedial\nplan; or\n(b) if there is a rehabilitation plan in force under section 91V in\nrespect of the land – the action required to comply with the\nrehabilitation plan.\nrehabilitation direction, see section 91V(1).\nrehabilitation plan means the plan:\n(a) prepared by the Board under section 91V(2)(b); or\n(b) approved by the Board under section 91V(3)(a).\nremedial plan means a plan prepared by a pastoral lessee at the\ndirection of the Board (or under section 76(5) by the Board) that\ndetails the proposed management of pastoral land over a specified\nperiod (or the time taken to rectify a problem) to prevent, arrest or\nminimise degradation of the pastoral land or to rehabilitate the land.\nrent means annual rental.\nstock means a species of animal permitted by or under this Act or\nthe terms of a pastoral lease to be pastured on pastoral land as\npart of the pastoral enterprise under the lease.\n\nPastoral Land Act 1992 5\nstop work direction means a direction given to a person under\nsection 91T(1).\nsublease, for Part 4, see section 30A.\nsublessee, for Part 4, see section 30A.\nSurveyor-General means the person appointed or acting as the\nSurveyor-General for the Northern Territory under the Licensed\nSurveyors Act 1983.\nTribunal, for Part 8, see section 92(1).\nunimproved value means unimproved capital value within the\nmeaning of the Valuation of Land Act 1963.\nValuer-General means the person appointed as the Valuer-\nGeneral for the Northern Territory under the Valuation of Land\nAct 1963.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act, a reference to a lease as:\n(a) granted in perpetuity, means that the term of the lease\ncontinues indefinitely; and\n(b) perpetual, means that the lease is granted in perpetuity.\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of estimated carrying capacity and animal equivalent","content":"3A Meaning of estimated carrying capacity and animal equivalent\n(1) Estimated carrying capacity is the number of animal equivalents\nthat an area of pastoral land can sustainably support, based on the\nunimproved native pasture of the land.\n(2) One animal equivalent is equal to one 450 kg non-breeding beast.\n(3) In this section:\nunimproved native pasture, in relation to pastoral land, means\nplants native to the District in which the pastoral land is situated.\n\nPastoral Land Act 1992 6\n","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Application of Criminal Code","content":"3B Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 3B\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Objects","content":"4 Objects\nThe objects of this Act are:\n(a) to provide a form of tenure of Crown land that facilitates the\nsustainable use of land for pastoral purposes and the\neconomic viability of the pastoral industry;\n(b) to provide for:\n(i) the monitoring of pastoral land so as to detect and\nassess any change in its condition;\n(ii) the prevention or minimisation of degradation of or other\ndamage to the land and its indigenous plant and animal\nlife; and\n(iii) the rehabilitation of the land in cases of degradation or\nother damage;\n(c) to recognise the right of Aboriginal persons to follow traditional\npursuits on pastoral land;\n(d) to provide reasonable access for the public across pastoral\nland to waters and places of public interest; and\n(e) to provide a procedure to establish Aboriginal community\nliving areas on pastoral land.\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Duty of Minister and Board","content":"5 Duty of Minister and Board\nThe Minister and the Board, in administering this Act and in\nexercising a power or performing a function in relation to pastoral\nland, shall act consistently with, and seek to further, the objects of\nthis Act.\n\nPastoral Land Act 1992 7\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"General duty of pastoral lessees","content":"6 General duty of pastoral lessees\nIt is the duty of a pastoral lessee:\n(a) to carry out the pastoral enterprise under the lease so as to\nprevent degradation of the land;\n(b) to participate to a reasonable extent in the monitoring of the\nenvironmental and sustained productive health of the land;\nand\n(c) within the limits of the lessee's financial resources and\navailable technical knowledge, to improve the condition of the\nland.\n7 Fees\nThe Minister may, by notice in the Gazette, prescribe the fees to be\ncharged in connection with matters under this Act.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Pastoral districts","content":"8 Pastoral districts\nThe Minister may, by notice in the Gazette, after considering the\nrecommendations, if any, of the Board, divide the Territory into\nsuch pastoral districts, and for such purposes, as the Minister\nthinks fit, and assign a name to each such district.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Power to enter pastoral land","content":"9 Power to enter pastoral land\n(1) The Minister or a member of the Board, or a person authorised in\nwriting by the Minister or the Board, may at any time, after giving\nreasonable notice to the owner, occupier or person apparently in\ncharge of the land, enter on pastoral land (other than a homestead\non the land, unless with the permission of the lessee) for the\npurpose of giving effect to, or carrying out a function or exercising a\npower under, this Act, or for the purpose of assessing the land in\nconnection with the preparation of an application under Part 8.\n(2) A person authorised by the Minister or the Board for the purposes\nof subsection (1) shall, on demand, show a copy of his or her\nwritten authority to the owner, occupier or person apparently in\ncharge of the pastoral land.\n\nPastoral Land Act 1992 8\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Delegation by Minister","content":"10 Delegation by Minister\n(1) The Minister may, by instrument in writing, delegate to a person\nany of the Minister's powers and functions under this Act, other\nthan this power of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Establishment of Board","content":"11 Establishment of Board\nThere is established by this Act a Board by the name of the\nPastoral Land Board.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Composition of Board","content":"12 Composition of Board\n(1) The Board consists of at least 5 members appointed by the\nMinister.\n(2) An appointment under subsection (1) must be notified in the\n(3) The exercise of a power or the performance of a function of the\nBoard is not affected by reason only of there being a vacancy in the\nmembership of the Board.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Qualification for membership of Board","content":"13 Qualification for membership of Board\nIn appointing members of the Board the Minister shall ensure that:\n(a) 2 persons who have experience as pastoralists are included;\nand\n(b) as far as practicable, the members collectively have expertise\nor experience that, in the opinion of the Minister, is relevant to\ntheir role as members.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Period of appointment","content":"14 Period of appointment\nSubject to this Act, a member of the Board holds office until the\nexpiration of such period, not exceeding 4 years, as is specified in\nthe instrument of appointment, but is eligible for re-appointment.\n\nPastoral Land Act 1992 9\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Alternate members","content":"15 Alternate members\n(1) The Minister may, either concurrently with the appointment of a\nmember to the Board or at a later time, appoint a person to act as\nthe alternate of a member (other than the Chairperson ) while the\nmember is prevented by illness, absence, the operation of\nsection 20 or other cause considered sufficient by the Chairperson ,\nfrom performing the member's duties of office.\n(2) An appointment under subsection (1) shall be notified in the\n(3) An alternate member appointed under subsection (1) holds office\nduring the period the member for which he or she is appointed\nalternate holds office or for such shorter period as is specified by\nthe Minister in the instrument of appointment.\n(4) The Minister shall not appoint an alternate member under\nsubsection (1) unless the person would be qualified in his or her\nown right to be appointed as a member.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Chairperson","content":"16 Chairperson\n(1) The Minister shall appoint a person who is or is to be a member of\nthe Board to be its Chairperson .\n(2) An appointment under subsection (1) shall be notified in the\n(3) The Chairperson shall, subject to the directions of the Board,\nadminister the affairs of the Board.\n(4) The Chairperson :\n(a) may be paid such salary, allowances and expenses; and\n(b) holds office on such terms and conditions,\nas the Administrator determines.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Resignation of members","content":"17 Resignation of members\n(1) A member of the Board may resign office by writing signed by him\nor her and delivered to the Minister.\n(2) A resignation under subsection (1) is not effective until accepted by\nthe Minister.\n\nPastoral Land Act 1992 10\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Dismissal of members","content":"18 Dismissal of members\n(1) The Minister may terminate the appointment of a member of the\nBoard for inability, inefficiency, misbehaviour or physical or mental\nincapacity.\n(2) If a member:\n(a) is absent, except by leave of the Board, from 3 consecutive\nmeetings of the Board; or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with his or\nher creditors or makes an assignment of his or her\nremuneration for their benefit,\nthe Minister shall terminate the appointment of the member.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Acting Chairperson","content":"19 Acting Chairperson\n(1) Where the Chairperson of the Board is or is expected to be absent\nfrom duty or from the Territory, the Minister may appoint a member\nof the Board to act as the Chairperson during the absence.\n(2) The validity of a decision of the Board shall not be questioned in\nany proceedings on a ground arising from the fact that the occasion\nfor the appointment of a member purporting to be appointed under\nsubsection (1) had not arisen or that an appointment under\nsubsection (1) had ceased to have effect.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Disclosure of interest","content":"20 Disclosure of interest\n(1) A member of the Board who has or has had a direct or indirect\nproprietary or other pecuniary interest in a matter being considered\nor about to be considered by the Board shall, as soon as possible\nafter the relevant facts have come to the member's knowledge,\ndisclose the nature of his or her interest at a meeting of the Board.\n(2) A disclosure under subsection (1) shall be recorded in the minutes\nof the Board and the member:\n(a) shall not, while he or she has that interest, (otherwise than as\na member of, and in common with the other members of, an\nincorporated company consisting of not less than 25 persons\nand of which he or she is not a director), take part after the\ndisclosure in any deliberation or decision of the Board; and\n(b) shall be disregarded for the purpose of constituting a quorum\nof the Board,\n\nPastoral Land Act 1992 11\nin relation to the matter.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Meetings of Board","content":"21 Meetings of Board\n(1) The Chairperson shall call such meetings of the Board as are\nnecessary for the exercise of its powers and the performance of its\nfunctions.\n(2) The Minister may, at any time, direct the Chairperson to convene a\nmeeting of the Board and the Chairperson shall convene a meeting\nin accordance with the direction.\n(3) At a meeting of the Board:\n(a) four members of the Board (or 3 in relation to the\nconsideration of any matter where the disregarding of a\nmember because of section 20(2)(b) would otherwise cause a\nquorum to be lost) constitutes a quorum;\n(b) the Chairperson, if present, shall preside but in the absence of\nthe Chairperson (including a member appointed under\nsection 19 to act as the Chairperson) the members present\nshall elect one of their number to act as Chairperson and that\nperson may exercise the powers and shall perform the\nfunctions of the Chairperson for the meeting;\n(c) questions arising shall be determined by a majority of the\nvotes of the members present and voting and in the event of\nan equality of votes the Chairperson or other member\npresiding at the meeting shall have, in addition to his or her\ndeliberative vote, a casting vote; and\n(d) subject to this Act, the Chairperson or other member presiding\nat the meeting shall determine the procedure to be followed at\nor in connection with the meeting.\n(4) The Board shall cause records of its meetings to be kept.\n(5) The Minister may request, and shall be provided with, a copy of the\nminutes of a meeting of the Board.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Unauthorised disclosure of confidential information","content":"22 Unauthorised disclosure of confidential information\n(1) A member of the Board commits an offence if:\n(a) the member obtains information in the course of the member's\nduties as a member; and\n(b) the member intentionally engages in conduct; and\n\nPastoral Land Act 1992 12\n(c) the conduct results in the disclosure of the information and the\nmember is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Subsection (1) does not apply if:\n(a) the member discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a member who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Protection of members","content":"23 Protection of members\nNo action or proceeding, civil or criminal, shall lie or be continued\nagainst the Chairperson or other member of the Board for or in\nrespect of an act or thing done in good faith by the Board or that\nperson in the exercise or performance, or purported exercise or\nperformance, of a power or function under this Act.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Delegation by Board","content":"24 Delegation by Board\n(1) Subject to subsection (4), the Board may, by resolution, delegate to\nsuch persons, or committees of its members, as it thinks fit any of\nits powers and functions under this Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegates shall, for the purpose of this Act, be\ndeemed to have been exercised or performed by the Board.\n(3) A delegation under this section does not prevent the performance\nof a function or the exercise of a power by the Board or the\nsupervision by the Board of its performance or exercise by the\ndelegate.\n\nPastoral Land Act 1992 13\n(4) The Minister may give to the Board written guidelines as to the\nnumber of members who shall jointly as a committee perform a\nfunction or exercise a power of the Board, or as to the functions or\npowers that should not be delegated except to members of the\nBoard, and when such guidelines have been given the Board shall\nnot delegate the function or power except in accordance with the\nguidelines.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Consultation and inquiries","content":"25 Consultation and inquiries\nThe Board may, in exercising its powers and performing its\nfunctions under this Act, consult with such persons, associations,\ninstitutions and bodies, and make such inquiries, as it thinks fit.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Representation and inquiries","content":"26 Representation and inquiries\n(1) Where the Board is considering an application for a pastoral lease,\nit shall give to the applicant an opportunity of appearing before it\nand of calling evidence, examining witnesses and addressing the\nBoard.\n(2) A person or body appearing before the Board in pursuance of\nsubsection (1) may be represented by a legal practitioner or agent,\nand the legal practitioner or agent may examine witnesses and\naddress the Board on behalf of the person or body on whose behalf\nhe or she appears.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Protection of legal practitioners, witnesses, &c.","content":"27 Protection of legal practitioners, witnesses, &c.\n(1) A legal practitioner or agent appearing before the Board has the\nsame protection and immunity as a legal practitioner has in\nappearing for a party in proceedings in the Supreme Court.\n(2) A witness summoned to attend or appearing before the Board has\nthe same protection as a witness in proceedings in the Supreme\nCourt.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Rules of evidence","content":"28 Rules of evidence\nThe Board is not bound by rules of evidence but may inform itself in\nsuch manner as it thinks fit.\n\nPastoral Land Act 1992 14\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Functions of Board","content":"29 Functions of Board\nThe functions of the Board are:\n(a) to report regularly to, and as directed by, the Minister, but in\nany case not less than once a year, on the general condition\nof pastoral land and the operations of the Board;\n(b) to consider applications for the subdivision or consolidation of\npastoral land and make recommendations to the Minister in\nrelation to them;\n(c) to plan, establish, operate and maintain systems for\nmonitoring the condition and use of pastoral land on a District\nor other basis;\n(d) to assess the suitability of proposed new pastoral leases over\nvacant Crown land;\n(e) to direct the preparation, and monitor the implementation, of\nremedial plans;\n(f) to monitor, supervise or cause to be carried out work in\nrelation to the rectification of degradation or other damage to\n(g) to monitor the numbers and effect of stock and feral and other\nanimals on pastoral land;\n(h) to monitor and administer the conditions to which pastoral\nleases are subject;\n(ha) to consider and determine applications for permission to use\npastoral land for a non-pastoral purpose in accordance with\nPart 7;\n(j) to make recommendations to the Minister on any matter\nrelating to the administration of this Act;\n(k) to hear and determine all questions, and consider and make\nrecommendations on all matters, referred to it by the Minister;\nand\n(m) such other functions as are imposed on it by or under this or\nany other Act or as directed by the Minister.\n\nPastoral Land Act 1992 15\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Powers of Board","content":"30 Powers of Board\n(1) Subject to this Act, the Board has power to do all things that are\nnecessary or convenient to be done for or in connection with or\nincidental to the performance of its functions and the exercise of its\npowers.\n(2) For the purposes of performing its pastoral monitoring functions,\nthe members of the Board, and persons authorised in writing for\nthat purpose by the Board, may, after giving reasonable notice to\nthe pastoral lessee of their intention to do so:\n(a) enter on pastoral land to assess the condition of the land and\nidentify, establish and operate monitoring sites and reference\nareas; and\n(b) inspect recorded land data kept by the pastoral lessee in\naccordance with the requirements of or under this Act.\n(3) Without limiting the generality of subsection (1), the Board may, for\nthe purposes of performing its functions or exercising its powers,\nincluding powers conferred on it elsewhere in this Act, with the\napproval in writing of the Minister, act as agent for the Territory or a\nstatutory corporation.\n","sortOrder":31},{"sectionNumber":"30A","sectionType":"section","heading":"Definitions","content":"30A Definitions\nIn this Part\nlease transaction, see section 30B(1).\nsublease includes any agreement that confers possession of\npastoral land.\nsublessee includes any person deriving possession under a\nsublease of pastoral land.\n","sortOrder":32},{"sectionNumber":"30B","sectionType":"section","heading":"Meaning of lease transaction","content":"30B Meaning of lease transaction\n(1) A lease transaction is any one of the following:\n(a) transfer of a pastoral lease;\n(b) sublease of all or part of land the subject of a pastoral lease;\n\nPastoral Land Act 1992 16\n(c) transfer a sublease;\n(d) variation or extension of a sublease;\n(e) any other transaction that results in a pastoral lessee or\nsublessee otherwise parting with possession of pastoral land.\n(2) For this section, where a body corporate is a lessee or sublessee,\nany change in the following is taken to be a transfer of the lease or\nsublease:\n(a) the ability or capacity of one or more persons to control or\nprocure the composition of the board of directors of the lessee\nor sublessee;\n(b) the ability or capacity of one or more persons to cast or\ncontrol, or procure the casting of 15% or more of the\nmaximum number of votes that may be cast at a general\nmeeting of the lessee or sublessee;\n(c) the holding of legal title to, or of a beneficial interest, direct or\nindirect, whether by medium of interposed corporations or\ntrusts or otherwise, in 15% or more of the shares in the lessee\nor sublessee.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Leases for pastoral purposes","content":"31 Leases for pastoral purposes\n(1) The Minister may, in the name of the Territory, by instrument in the\nappropriate form, grant a lease of Crown land for pastoral\npurposes.\n(2) Without limiting the generality of subsection (1), where a person\nhas a right to be granted a lease of Crown land, the Minister may,\nin his or her discretion and in the appropriate form, lodge with the\nRegistrar-General details of the means by which the right arose.\n(3) On the lodgement of the details referred to in subsection (1), the\nrelation to the land and record the particulars in accordance with\nthe Land Title Act 2000.\n(4) Despite that a lease of Crown land has not been signed by the\nlessee or the lessor, the recording of the particulars in the land\nregister takes effect as a lease.\n\nPastoral Land Act 1992 17\n(5) Without limiting the generality of subsection (1), the Minister may\ndetermine to whom a pastoral lease may be granted by inviting\napplications, auctioning the right to the grant, inviting tenders for\nthe right or otherwise selling or disposing of the right.\n(6) The Minister shall cause notice of the disposal of the right to the\ngrant of a pastoral lease to be published in the Gazette within\n28 days after the right is given, where the right is given otherwise\nthan:\n(a) by sale by auction or tender; or\n(b) under or in pursuance of Division 3.\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Notice of lands available","content":"32 Notice of lands available\n(1) Where the Minister proposes to sell or otherwise dispose of a right\nto the grant of a pastoral lease by auction, tender or as the result of\nthe invitation of applications, he or she shall give notice of:\n(a) in the case of a sale of the right by auction – the date, time\nand place at which the auction will be conducted;\n(b) in the case of a sale of the right by tender or the sale or\ndisposal as the result of the invitation of applications – the\nclosing date for the submission of tenders or applications, and\nthe place where they must be submitted;\n(c) a general description of the land; and\n(d) the place at which details of the land may be obtained.\n(2) Subject to subsection (4), a notice under subsection (1) shall be\npublished in the Gazette, and by such other means, if any, as the\nMinister thinks fit, not earlier than 3 months or later than 28 days\nbefore the tenders or applications are to close or the sale is to take\nplace.\n(3) Where the Minister proposes to include in a pastoral lease a\nprovision by virtue of which the lessee may acquire or claim a right\nto another lease, the notice under subsection (1) shall include a\nreference to the right.\n(4) Where a notice under subsection (1)(b) specifies a date as the\nclosing date for the submission of tenders or applications, the\nMinister may, before the closing date, by notice in the Gazette,\nspecify a later date as the closing date for the submission of the\ntenders or applications and the later date so specified shall be the\nclosing date accordingly.\n\nPastoral Land Act 1992 18\n(5) A tender for the purchase of the right to the grant of a pastoral\nlease may indicate the date until which the offer to purchase\nremains open but, notwithstanding that such a date is indicated, the\noffer may be withdrawn at any time before it is accepted.\n(6) The Minister is not bound to accept the highest, or any, tender for\nthe purchase of the right to the grant of a pastoral lease offered for\nsale in pursuance of this section.\n(7) The Minister may withdraw an offer of the right to the grant of a\npastoral lease at any time before a person obtains the right.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Purchase price","content":"33 Purchase price\n(1) The Minister may determine that a purchase price is payable for the\nright to the grant of a pastoral lease, with or without improvements,\nand, where the Minister does so, he or she shall fix the purchase\nprice or the reserve price, or determine the manner in which the\npurchase price shall be fixed, and may determine the amount or the\npercentage of the purchase price or reserve price that shall be paid\nby a successful purchaser on entering into a contract for the\npurchase of the right.\n(2) For the purposes of subsection (1), the Minister may require the\nValuer-General to make a valuation of a proposed pastoral lease.\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Maximum holding, &c., of pastoral land","content":"34 Maximum holding, &c., of pastoral land\n(1) Subject to section 135, unless:\n(a) the Minister was, at the time the land or interest was or was to\nbe acquired, of the opinion that it was or would be in the\ninterest of the Territory and advised the person, in writing,\naccordingly; or\n(b) the land or interest was lawfully held at the commencement of\nthis Act,\na person shall not:\n(c) hold, either alone or together with an associate, pastoral land\nthat exceeds in aggregate an area of 13,000 square\nkilometres;\n(d) have a direct or indirect beneficial interest, either alone or\ntogether with an associate, in pastoral land that exceeds in\naggregate an area of 13,000 square kilometres;\n\nPastoral Land Act 1992 19\n(e) hold, either alone or together with an associate and, at the\nsame time, have a direct or indirect beneficial interest either\nalone or together with an associate in, pastoral land the total\narea of which lands exceeds in aggregate 13,000 square\nkilometres; or\n(f) hold, either alone or together with an associate, or have a\ndirect or indirect beneficial interest either alone or together\nwith an associate in, pastoral land, that in either case or\ntogether at the same time is worked in association with other\npastoral land, whether as one station or otherwise, the total\narea of which lands exceeds 13,000 square kilometres.\n(2) For the purposes of this section:\n(a) a person whose holding of pastoral land or a direct or indirect\nbeneficial interest in pastoral land comprises land or an\ninterest in land held jointly or in common with one or more\nother persons (not being an associate or associates), shall be\ndeemed to hold or have a beneficial interest (as the case may\nbe) in an area of the land that bears the same proportion to\nthe total area the subject of the joint or common holding or\ninterest as the share of the person bears to the totality of the\nholding or interest;\n(b) a direct beneficial interest in pastoral land shall include a\nvested equitable interest in the ownership of any leasehold or\nunder-leasehold estate in respect of pastoral land, however\nthat interest may arise, whether as beneficiary under or\npursuant to a trust, whether express, implied or constructive,\nor as purchaser under an uncompleted contract for sale, and\naccordingly may include units in a unit trust estate;\n(c) an indirect beneficial interest in pastoral land includes, where\na company holds the pastoral land or has itself a direct\nbeneficial interest in the pastoral land, the holding of a\ncontrolling power or interest in relation to the company, such\ncontrolling power or interest comprising:\n(i) the ability or capacity to control or procure the\ncomposition of the board of directors of the company;\n(ii) the ability or capacity to cast or control, or procure the\ncasting of, not less than 50% of the maximum number of\nvotes that may be cast at a general meeting of the\ncorporation; or\n(iii) the holding of legal title to, or of a beneficial interest,\ndirect or indirect, whether by medium of interposed\n\nPastoral Land Act 1992 20\ncorporations and/or trusts or otherwise, in, not less than\n50% of the shares in the corporation carrying voting\nrights in respect of any one or more subject matters\ncapable of resolution at a general meeting of the\ncompany;\n(d) an indirect interest in pastoral land also includes, where a\ntrustee or any one of 2 or more trustees of a trust estate,\nhaving a discretion as to the disposition of income or corpus\nof the trust estate, holds the pastoral land or an interest in the\npastoral land for and on behalf of the trust estate:\n(i) in the case of a trustee being a corporation, the holding\nof a controlling power or interest in relation to the\ncorporation of any one or more of the kinds referred to in\nparagraph (c); and\n(ii) in the case of a trustee being a natural person, the\nholding of an ability or capacity to control, or procure the\nremoval of, the trustee or the appointment of additional\ntrustees or the exercise of the discretion as to the\ndisposition of income or corpus of the trust estate;\n(e) a mortgagee under a mortgage of pastoral land shall not be\ntaken to hold or to have a beneficial interest in the pastoral\nland unless and until:\n(i) the mortgagee is and has been in possession of the\nland for more than 2 years; or\n(ii) the mortgage has been foreclosed by order of a court or\notherwise; and\n(f) an associate of a person means:\n(i) a lineal or adoptive ancestor of any degree, sibling,\nuncle, aunt, nephew, niece, lineal descendant or\nadopted child of the person, or a spouse or de facto\npartner or former spouse or de facto partner of the\nperson or of any of the persons listed in this\nsubparagraph;\n(ii) a trustee of a trust estate, where the person or an\nassociate referred to in subparagraph (i) of the person\nbenefits or is capable of benefiting under the trust or\nunder a subtrust in relation thereto;\n(iii) a partner of the person, or a person who was within the\npreceding 2 years a partner of the person;\n\nPastoral Land Act 1992 21\n(iv) a company where:\n(A) the company is, or the majority of its directors are,\naccustomed or under an obligation or arrangement,\nwhether formal or informal, to act in accordance\nwith the directions, instructions or wishes of the\nperson or of an associate referred to in\nsubparagraph (i), of the person; or\n(B) the person is, the persons who are associates of\nthat person by virtue of subparagraphs (i), (ii)\nand (iii) are, or the person and the persons who are\nassociates of the person by virtue of those\nsubparagraphs are, in a position to cast, or control,\nor procure the casting of, 50% or more of the\nmaximum number of votes that might be cast at a\ngeneral meeting of the company;\n(v) in the case of the person being a corporation:\n(A) a director or secretary of the corporation, or an\nassociate referred to in subparagraph (i), of a\ndirector or secretary of the corporation;\n(B) a corporation that is a related body corporate to the\nfirst-mentioned corporation within the meaning of\nthe Corporations Act 2001; or\n(C) a director or secretary of such a related body\ncorporate, or an associate referred to in\nsubparagraph (i), of a director or secretary of such\na related body corporate; or\n(vi) also, in the case of the person being a corporation (the\nfirst corporation), another corporation the second\ncorporation), where:\n(A) the ability or capacity to control or procure the\ncomposition of the board of directors of the second\ncorporation is held by not less than 50% of the\npersons comprising or having the ability or capacity\nto control or procure the composition of the board\nof directors of the first corporation;\n(B) the ability or capacity to cast or control or procure\nthe casting of not less than 50% of the maximum\nnumber of votes that may be cast at a general\nmeeting of the second corporation is held by\npersons having the ability or capacity to control or\nprocure the control of not less than 50% of the\n\nPastoral Land Act 1992 22\nmaximum number of votes that may be cast at a\ngeneral meeting of the first corporation; or\n(C) the holding of legal title to, or of a beneficial\ninterest, direct or indirect, whether by medium of\ninterposed corporations and/or trusts or otherwise\nin, not less than 50% of the shares in the second\ncorporation carrying voting rights in respect of one\nor more subject matters capable of resolution at a\ngeneral meeting of the second corporation, is held\nby persons holding legal title to, or a beneficial\ninterest, direct or indirect, whether by medium of\ninterposed corporations and/or trusts or otherwise\nin, not less than 50% of the shares in the first\ncorporation carrying voting rights of the same kind.\n(3) For the purposes of this section corporation has the same\nmeaning as in the Corporations Act 2001.\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Enforcement of restrictions on holdings","content":"35 Enforcement of restrictions on holdings\n(1) The Minister may, at any time, by written notice to a person,\nwhether or not the person is a resident of the Territory, require the\nperson to make, and cause to be delivered to the Minister, within\nsuch time as is specified in the notice, a statutory declaration\nsetting out particulars of:\n(a) an area of pastoral land the person holds or in which the\nperson has a direct or indirect beneficial interest within the\nmeaning of section 34; and\n(b) the time and circumstances under which the person acquired\nthe land or interest; and\n(c) the identity and place of residence or business of an\nassociate within the meaning of section 34(1) in relation to the\nland and the time and circumstances under which the\nassociation was established; and\n(d) the identity and place of residence or business of all persons\nfor whom the person specified in the notice holds pastoral\nland as trustee or nominee; and\n(e) such other information as the Minister requires for the purpose\nof ascertaining if a person, whether or not the person\nrequested to make the statutory declaration, is or has been in\ncontravention of section 34(1).\n(2) The notice need not identify particular pastoral land or the lessee of\npastoral land.\n\nPastoral Land Act 1992 23\n(3) In the case of a notice addressed to a corporation, the statutory\ndeclaration must be completed by its secretary or by one of its\ndirectors.\n(4) A person commits an offence if:\n(a) the person receives a notice under subsection (1); and\n(c) the conduct results in a contravention of the notice and the\nMaximum penalty: 440 penalty units and 8 penalty units for\n(4A) Strict liability applies to subsection (4)(a).\n(4B) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n(5) The Minister may, by written notice, require a person (the\napplicant) making an application under section 68(1) to provide the\nMinister with a statutory declaration setting out the particulars\nmentioned in subsection (1) that the Minister requires in order to be\nsatisfied that, on the completion of the proposed transaction, the\napplicant or another person would not contravene section 34(1).\n(5A) The Minister may, by written notice, require a person (an\ninterested person) who, if an application under section 68(1) is\napproved, would gain an interest in the land subject to the\napplication to provide the Minister with a statutory declaration\nsetting out the particulars mentioned in subsection (1) that the\nMinister requires to be satisfied that, on the completion of the\nproposed transaction, the interested person or another person\nwould not contravene section 34(1).\n(6) The Minister must not refer an application to the Board under\nsection 68(2), or consent to the proposed lease transaction, until\nthe applicant or the interested person has complied with a notice\nunder subsection (5) or (5A).\n(7) Where the Minister has reasonable grounds to believe that a\ncontravention of section 34(1) has occurred, and for the purpose of\nforming that belief the Minister may take into account the failure of\na person to comply with a notice given under subsection (1), the\nMinister may give notice of intention to the lessee of the pastoral\nland in relation to which the suspected contravention has occurred,\nto forfeit the lease or any other pastoral lease of the lessee, and\n\nPastoral Land Act 1992 24\nthe notice must specify the grounds and a period of time (being not\nless than 28 days) within which representations and submissions\n(including in relation to the divesting of interests) may be made to\nthe Minister.\n(8) Where the Minister gives a notice under subsection (7), the Minister\nmay, at the Minister's discretion, and at any time, give a copy of the\nnotice to any other person considered by the Minister to have an\ninterest in the pastoral land.\n(9) Within the time specified in the notice, the lessee and any other\nperson claiming to have an interest in the pastoral land the subject\nof the lease may make representations and submissions to the\nMinister, in writing or in such other manner as the Minister agrees\nor requires.\n(10) As soon as practicable after the expiration of the time specified in\nthe notice under subsection (7), or within such further time as the\nMinister requires to consider representations or submissions made\nto the Minister under that subsection, the Minister must decide\nwhether or not to forfeit the lease specified in the notice, and in the\ncase of a decision to forfeit, must give not less than 28 days notice\nof the Minister's intention to the lessee and to such other persons\nas in the Minister's discretion the Minister thinks fit, and must,\nsubject to section 53, by Gazette notice, forfeit the lease.\n(11) The Minister must state in the notice of forfeiture the contravention\nof section 34(1) that has occurred.\n(12) A notice of intention to forfeit, and a forfeiture, may be given and\neffected, as the case may be, in respect of the whole or part only of\nthe pastoral land the subject of a lease.\n(13) An amount equal to the reasonable costs incurred by or on behalf\nof the Minister in investigating a matter leading to an action\nresulting in the forfeiture of land under this section is a debt due\nand payable to the Territory by the person against whom the action\nis taken.\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Failure to accept offer of lease","content":"36 Failure to accept offer of lease\nWhere a person is offered the right to the grant of a pastoral lease\nbut fails, within such time as the Minister allows, to accept the offer\nor to pay an amount that is due and payable in respect of the lease,\nthe Minister may, by notice in writing to the person, revoke the\nagreement for the lease and retain all or part, as the Minister thinks\nfit, of the money that the person has already paid in respect of the\n\nPastoral Land Act 1992 25\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Costs of survey, &c.","content":"37 Costs of survey, &c.\nThe Minister may require a person to whom a pastoral lease is\ngranted to pay an amount towards the costs of:\n(a) surveying the land the subject of the lease; and\n(b) preparation and registration of the grant,\nand, where the Minister does so, he or she may fix the amount or\ndetermine the manner in which the amount shall be fixed.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Conditions of pastoral leases","content":"38 Conditions of pastoral leases\n(1) Without limiting the power of the Minister to impose such other\nconditions as the Minister thinks fit on the granting of a pastoral\nlease, a pastoral lease is subject to the following conditions and\nreservations:\n(a) a reservation of a right of entry and inspection\n(a reservation of a right of entry and inspection is to be read\nas a reservation of a right in favour of the Minister or a\nmember of the Board, or a person authorised in writing by the\nMinister or the Board, at all reasonable times and in a\nreasonable manner, to enter on the leased land or any part of\nit (other than a homestead) and to inspect the leased lands\nand any improvements, stock and pasture on the land);\n(b) a reservation of all minerals in or on the leased land\n(a reservation of minerals is to be read as a reservation to the\nTerritory of all minerals and extractive minerals, within the\nmeaning of the Mineral Titles Act 2010, and all petroleum,\nwithin the meaning of the Petroleum Act 1984);\n(c) that the lessee will pay the rent in accordance with this Act;\n(d) that, subject to section 88, the lessee will use the land only for\npastoral purposes;\n(e) that the lessee, having paid all rent due and payable by the\nlessee, may at any time, in the prescribed manner, surrender\nthe lease;\n(f) that the lease (except a perpetual pastoral lease) is liable to\nforfeiture if the rent or any part of that rent is unpaid for\n12 months or more;\n\nPastoral Land Act 1992 26\n(g) that the lease (except a perpetual pastoral lease) is, subject to\nthis Act, liable to forfeiture for non-compliance by the lessee\nwith a condition of the lease;\n(h) that the lessee will not clear pastoral land unless the lessee is\ngranted a clearing permit or the clearing is permitted under\nsection 91D;\n(j) that the lessee will comply with the requirements of or under\nall laws of the Territory relating to the use and maintenance of\nthe land the subject of the lease;\n(k) a reservation of all timber\n(a reservation of all timber is to be read as including all timber\ntrees and all trees producing bark, resin or valuable\nsubstances, together with the right to authorise a person to\nenter on the land and to cut or fell any timber or timber trees,\nor trees producing bark, resin or valuable substances and to\ntake away any timber, wood, bark, resin or such valuable\nsubstances, and to do all things necessary or convenient for\nthose purposes);\n(m) that the lessee will not without the consent of the Minister take\nany timber trees or parts of trees or stone, sand or gravel on\nthe leased land except for use on or in connection with the\nland;\n(n) a reservation in favour of the Aboriginal inhabitants of the\nTerritory.\n(2) In a pastoral lease, a reservation in favour of the Aboriginal\ninhabitants of the Territory is to be read as a reservation permitting\nthose Aboriginal persons:\n(a) who ordinarily reside on the leased land; or\n(b) who ordinarily reside on an area of land that at any time after\n1 January 1979 was within the boundaries of the land that\nthen comprised the leased land and which area of land has\nsince that date been excised from the leased land as a living\narea or part of a living area for those Aboriginal persons; or\n(c) who, by Aboriginal tradition, are entitled to use or occupy the\nleased land;\nsubject to subsection (3):\n(d) to enter and be on the leased land; and\n\nPastoral Land Act 1992 27\n(e) notwithstanding any other law of the Territory, to take and use\nthe water from the natural waters and springs on the leased\nland; and\n(f) subject to any other law in force in the Territory:\n(i) to take or kill for food or for ceremonial purposes\nanimals ferae naturae; and\n(ii) to take for food or for ceremonial purposes vegetable\nmatter growing naturally;\non the leased land;\nbut not permitting:\n(g) the Aboriginal persons referred to in paragraph (a) to erect or\nuse a structure on the leased land that would serve as a\npermanent shelter for human occupation, other than at the\nplace on the leased land where they ordinarily reside; or\n(h) the Aboriginal persons referred to in paragraph (b) or (c) to\nerect or use such a structure on the leased land.\n(3) Subject to subsection (4), a reservation in a pastoral lease in favour\nof the Aboriginal inhabitants of the Territory does not apply to a part\nof the leased land within 2 kilometres of a homestead.\n(4) Where an Aboriginal person was, or a group of Aboriginal persons\nwere, at the commencement of the Aboriginal Land Act 1978,\nresiding within 2 kilometres of a homestead and was or were\nentitled to use educational, medical or other facilities provided for\ntheir use within that area, the Aboriginal person or group of\nAboriginal persons may reside within 2 kilometres of the\nhomestead and use the educational, medical and other facilities\nprovided for them until the Aboriginal person or group of Aboriginal\npersons ceases to reside permanently within 2 kilometres of the\nhomestead or until adequate facilities of a similar nature are\nprovided on another site, whether or not on the leased land, being\na site suitable to the Aboriginal person or group of Aboriginal\npersons.\n(5) A person commits an offence if the person interferes with the full\nand free exercise by Aboriginal persons of rights reserved in favour\nof those persons under a pastoral lease.\nMaximum penalty: 60 penalty units\n(6) An offence against subsection (5) is an offence of strict liability.\n\nPastoral Land Act 1992 28\n(7) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant has a reasonable excuse.\n(8) Without limiting subsection (7), it is a reasonable excuse if the\nconduct forming the basis of the alleged offence entailed\nreasonable acts taken by, or on behalf of, a lessee, or another\nperson having an interest in the lease, to ensure the proper\nmanagement of the lease for the purposes for which it was granted.\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Conditions relating to land management","content":"39 Conditions relating to land management\nIn addition to the conditions specified in section 38 or elsewhere in\nthis Act, a pastoral lease is subject to the condition that the lessee\nwill:\n(a) not use or stock the land other than as permitted by or under\nthis Act or the lease;\n(b) take all reasonable measures to conserve and protect\nfeatures of environmental, cultural, heritage or ecological\nsignificance;\n(c) prepare a remedial plan, as directed by the Board and\nundertake such action as is required in the plan;\n(d) allow the establishment on the leased land of monitoring sites\nas required by the Board and allow reasonable access to\nthose sites for the purposes of this Act;\n(e) allow fencing of reference areas declared under section 74(1)\nand access to those areas and fences for maintenance\npurposes; and\n(f) maintain in good repair all improvements necessary for\nsustainable pastoral production on the land.\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Breach of conditions","content":"40 Breach of conditions\n(1) If the Minister is satisfied that a pastoral lessee has failed to comply\nwith a condition of the lessee's pastoral lease, the Minister may\ngive written notice of the breach to the lessee and require the\nlessee to furnish to the Minister, within the time specified in the\nnotice, an explanation of why the lessee has not complied with the\ncondition.\n(2) If the Minister, after considering an explanation furnished as\nrequired under subsection (1), is satisfied with the explanation, the\nMinister may, by written notice to the pastoral lessee, waive the\nbreach and may direct that the condition be complied with within\nsuch time as is specified in the notice.\n\nPastoral Land Act 1992 29\n(3) If:\n(a) an explanation is not furnished as required under\nsubsection (1); or\n(b) the Minister is not satisfied with the explanation furnished and\nnotifies the lessee in writing of that fact; or\n(c) the pastoral lessee fails to comply with the condition within the\ntime specified under subsection (2);\nthe Minister may, subject to sections 41 and 53, in the Minister's\ndiscretion:\n(d) by written notice to the lessee, direct that the condition be\ncomplied with within such time as the Minister specifies in the\nnotice; or\n(e) except in the case of a perpetual pastoral lease, if the Minister\nis satisfied that the non-compliance has been wilful and that\nthe lessee has made no real effort to comply with the\ncondition, decide to forfeit the lease.\n(4) If a pastoral lessee fails to comply with a notice under\nsubsection (3)(d) within the time specified in the notice, the Minister\nmay, subject to section 53, except in the case of a perpetual\npastoral lease, decide to forfeit the lease.\n(5) If under subsection (3)(e) or (4) the Minister decides to forfeit a\nlease, the Minister must give written notice of the decision (together\nwith, in the case of a decision under subsection (3)(e), a statement\nof the Minister's reasons for the decision) to the lessee.\n(6) When the Minister's decision under subsection (3)(e) or (4)\nbecomes final, the Minister may, by Gazette notice, forfeit the\n(6A) For subsection (6), the Minister's decision becomes final:\n(a) if no application to NTCAT for review of the decision is made\nunder section 117(3) within 28 days after the day on which the\nMinister gave the lessee the notice of the decision referred to\nin subsection (5) (the relevant period) – at the end of the\nrelevant period; or\n(b) if an application to NTCAT for review of the decision is made\nunder section 117(3) within the relevant period – when the\nreview has been finally determined and the Minister's decision\nhas been confirmed on the review.\n\nPastoral Land Act 1992 30\n(7) A pastoral lessee commits an offence if:\n(a) the lessee receives a notice under subsection (3)(d); and\n(b) the lessee intentionally engages in conduct; and\n(c) the conduct results in a contravention of the notice and the\nMaximum penalty: 85 penalty units and 4 penalty units for\n(7A) Strict liability applies to subsection (7)(a).\n(7B) It is a defence to a prosecution for an offence against\nsubsection (7) if the defendant has a reasonable excuse.\n(8) Proceedings for an offence referred to in subsection (7) must not\nbe instituted except with the consent in writing of the Minister or the\nMinister's delegate.\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Breaches to be referred to Board","content":"41 Breaches to be referred to Board\n(1) Before:\n(a) deciding under section 40(3)(e) or (4) to forfeit a lease; or\n(b) consenting under section 40(8) to the instituting of\nproceedings against a pastoral lessee for an offence against\nsection 40(7),\nthe Minister shall, unless the Board has already considered the\nmatter and recommended the forfeiture or instituting of\nproceedings, refer the matter to the Board.\n(2) Where a matter is referred under subsection (1) to the Board, the\nBoard shall investigate the circumstances connected with the\nfailure to comply with the condition of the lease and shall report to\nthe Minister as to whether, in its opinion:\n(a) the pastoral lessee could reasonably have complied with the\ncondition; or\n(b) circumstances beyond the control of the lessee prevented him\nor her from complying with the condition,\nand shall recommend whether or not, in its opinion, the lease\nshould be forfeited or proceedings instituted.\n\nPastoral Land Act 1992 31\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Remedial action on pastoral lease","content":"42 Remedial action on pastoral lease\n(1) Where, in the opinion of the Minister, the lessee of a pastoral lease:\n(a) has failed or neglected to observe or perform any of his or her\nobligations, expressed or implied, under this Act or the\nrelevant lease document (including under a remedial plan or a\nnotice under section 40(3)(d)); or\n(b) has failed to manage the leased land in such a way as to\nprevent or minimise degradation of the land,\nand the failure or neglect is or causes, or may be or cause, in the\nopinion of the Minister, a danger to life or to property in the locality\nof the leased land or degradation of the land, the Minister may\ncause such action to be taken in respect of the land or property\n(including the destocking of all or part of the land) as the Minister\nthinks necessary to eliminate the danger or rehabilitate the land.\n(2) Where the Minister causes action to be taken under subsection (1),\nan amount equal to the value of the work undertaken and expenses\nincurred in relation to the work shall be a debt due and payable by\nthe pastoral lessee to the Territory.\n(3) Where under subsection (1) stock is removed from the land,\notherwise than by or on behalf of the pastoral lessee, it shall be\ndisposed of as prescribed and the Regulations may provide for the\nallocation of the proceeds of the sale, if any, of the stock.\n(4) Notwithstanding subsections (1) and (2), a pastoral lessee may be\nprosecuted for an offence against this or any other Act in respect of\nthe failure or neglect.\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Minister may review conditions of lease","content":"43 Minister may review conditions of lease\n(1) The Minister may, not earlier than 10 years after the granting of a\npastoral lease and not earlier than 10 years after he or she last\nreviewed the reservations in, or the conditions or provisions of, the\nlease, or at any time when the term of the lease is extended in\npursuance of section 49, review the reservations in, or conditions or\nprovisions of, the lease and, subject to subsection (2), vary those\nreservations, conditions or provisions as the Minister thinks fit.\n(2) The Minister shall not, under subsection (1), vary a reservation,\ncondition or provision of a lease unless the Minister has given to\nthe lessee not less than 60 days notice of the Minister's intention to\ndo so and has considered the submissions relating to the proposed\nvariations, if any, made by the lessee within that time.\n\nPastoral Land Act 1992 32\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Variation of lease provisions","content":"44 Variation of lease provisions\nNotwithstanding section 43(1), the Minister may, in his or her\ndiscretion, on application in writing by the pastoral lessee, vary a\nreservation in, or condition or provision of, a pastoral lease.\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Opinion of Board to be sought","content":"45 Opinion of Board to be sought\nBefore varying under section 43 or 44 a reservation in, or condition\nor provision of, a pastoral lease the Minister may refer the matter to\nthe Board for its consideration and shall take into account all\nrecommendations the Board makes in relation to it.\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Minister may grant a moratorium","content":"46 Minister may grant a moratorium\nThe Minister may, on the recommendation of the Board, vary a\nreservation in, or condition or provision of, a pastoral lease for the\npurpose of allowing a moratorium.\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Noting variation of lease","content":"47 Noting variation of lease\nA variation of a reservation in, or a condition or provision of, a\npastoral lease does not have effect until notice of the variation is\nlodged with the Registrar-General.\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Term of pastoral lease","content":"48 Term of pastoral lease\n(1) The term of a pastoral lease granted under this Act shall be:\n(a) in perpetuity; or\n(b) subject to section 49, for such period, not exceeding 25 years,\nas the Minister thinks fit.\n(2) A pastoral lease, other than a perpetual pastoral lease, which was\ngranted before the commencement of this Act:\n(a) shall, unless sooner determined under this Act, continue until\nthe expiration of the term of the lease, whether the term is\nspecified in the lease or by an Act under which the lease was\ngranted or saved; and\n(b) may be the subject of an application referred to in section 49.\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Extension of term of pastoral lease","content":"49 Extension of term of pastoral lease\n(1) A pastoral lessee may at any time before the commencement of\nthe last 2 years of the term of his or her pastoral lease apply to the\nMinister for an extension of the term of the pastoral lease.\n\nPastoral Land Act 1992 33\n(2) Subject to Division 4, the Minister may by notice in writing to the\npastoral lessee, extend the term of the pastoral lease or advise the\npastoral lessee that the application has been refused.\n(3) The term of a pastoral lease shall not be extended under this\nsection for a period greater than 25 years from the date on which it\nwould otherwise expire.\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Continuation in occupation on expiration of term of pastoral","content":"50 Continuation in occupation on expiration of term of pastoral\nlease\n(1) The Minister may make such arrangements as the Minister thinks\nfit in relation to the holding over by a former pastoral lessee of the\nland comprised in the former pastoral lease on the expiration of its\nterm.\n(2) A person holding over in pursuance of an arrangement under\nsubsection (1) shall keep the land and all improvements on the land\nin good order and condition to the satisfaction of the Minister.\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Payment of value of improvements to outgoing pastoral lessee","content":"51 Payment of value of improvements to outgoing pastoral lessee\nSubject to this Act, on the determination (as the result of the\nexpiration of its term or otherwise) of a pastoral lease, the former\npastoral lessee is entitled to be paid an amount equal to the value,\nas at the date of the determination of the lease, of all improvements\non the land comprised in the former lease, as determined by the\nMinister and as soon as practicable after the determination of the\nlease the Minister shall give to the former lessee written notice of\nthe Minister's determination of that value.\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Deductions from amount payable for improvements","content":"52 Deductions from amount payable for improvements\nThe Minister shall deduct from the amount payable under\nsection 51 all amounts due and payable to the Territory (including\nunder sections 42, 59 and 76) by the outgoing former pastoral\nlessee under the lease.\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Forfeiture of mortgaged pastoral lease","content":"53 Forfeiture of mortgaged pastoral lease\n(1) Where a pastoral lease is subject to a mortgage given for valuable\nconsideration and registered under the Land Title Act 2000, the\nMinister shall not cause notice of the forfeiture of the lease to be\npublished in the Gazette in pursuance of section 35(10) or 40(6)\nuntil after the expiration of a period of 28 days after the Minister has\ngiven to the mortgagee notice of the Minister's intention to do so.\n\nPastoral Land Act 1992 34\n(2) The Minister shall give a copy of the notice under subsection (1) to\nthe pastoral lessee, and thereafter the lessee ceases, except with\nthe consent in writing of the Minister, to be entitled to exercise any\nof the rights or powers conferred by the lease.\n(3) If, during the period of 28 days after receipt of a notice under\nsubsection (1), or within such further time as the Minister allows, a\nmortgagee advises the Minister that the mortgagee wishes to\nexercise the mortgagee's power of sale, the Minister shall allow the\nmortgagee 6 months, or such further time as, in the opinion of the\nMinister, is reasonable, to exercise it.\n(4) Where the Minister allows a mortgagee time to exercise a power of\nsale, the Minister shall advise the mortgagee of the extent to which\nthe Minister is prepared to vary the conditions of the pastoral lease\n(other than those relating to land monitoring and land management)\nand, where the Minister does so, he or she shall, if the lease is\ntransferred following a sale, so vary those conditions and lodge with\nthe Registrar-General a notice of the variation.\n(5) Where a mortgagee exercises the mortgagee's power of sale of a\npastoral lease after receipt of a notice under subsection (1) in\nrelation to the lease:\n(a) the total of all amounts due and payable to the Territory by the\nlessee in relation to the lease up to and including the date of\nthe sale is a debt due and payable to the Territory out of the\nproceeds of the sale, having priority before all debts secured\nby mortgage;\n(b) the balance of the proceeds of the sale, after payment of all\ndebts and expenses payable out of those proceeds, are\npayable:\n(i) as to any amount not exceeding the unimproved value\nof the lease – to the Territory; and\n(ii) as to any amount in excess of the unimproved value – to\nthe lessee; and\n(c) on the transfer of the lease following the sale, the transferee\nholds the lease, as varied in pursuance of subsection (4), as\nthough the action leading up to the forfeiture of the lease had\nnot been commenced.\n\nPastoral Land Act 1992 35\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Determination of estimated carrying capacity","content":"54 Determination of estimated carrying capacity\n(1) The Agency must determine the estimated carrying capacity of all\npastoral land that is the subject of a pastoral lease.\n(2) For subsection (1), the determination must be made based on the\nunimproved native pasture on the land and ignoring any improved\npasture on the land.\n(3) The Agency must, as soon as practicable after making a\ndetermination of estimated carrying capacity, provide written notice\nof the determination to the lessee of the pastoral land.\n","sortOrder":57},{"sectionNumber":"54A","sectionType":"section","heading":"Review of estimated carrying capacity","content":"54A Review of estimated carrying capacity\n(1) The Agency may review the estimated carrying capacity of pastoral\nland at any time.\n(2) A pastoral lessee may apply to the Agency to request a review of\nthe estimated carrying capacity of the pastoral lessee's pastoral\nland at any time.\n(3) As soon as practicable after receiving an application under\nsubsection (2), the Agency must:\n(a) review the determination of estimated carrying capacity; or\n(b) refuse to review the determination.\n(4) If, after a review, the Agency considers the existing determination is\nno longer accurate, the Agency must make a new determination\nunder section 54.\n(5) If the Agency refuses to conduct a review, the Agency must provide\nwritten notice of the refusal and the reasons for the refusal to the\npastoral lessee.\n55 Rent\n(1) Despite anything in a pastoral lease document, the rent payable for\na financial year in respect of a pastoral lease is to be calculated\nusing the formula:\nPLR = ECC x PLRF\nwhere:\nPLR = the annual pastoral lease rent in dollars\n\nPastoral Land Act 1992 36\nECC = the estimated carrying capacity expressed in animal\nequivalents as determined by the Agency under section 54\nPLRF = the pastoral lease rent factor declared under subsection (2)\nor (3)\n(2) The Minister may, before 30 June in a financial year, by Gazette\nnotice, declare the pastoral lease rent factor for a District for the\nfollowing financial year.\n(3) If the Minister does not declare the pastoral lease rent factor for a\nDistrict under subsection (2) before 30 June in a financial year, the\npastoral lease rent factor for the following financial year remains\nunchanged.\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Payment of rent","content":"56 Payment of rent\n(1) The Minister must, as soon as practicable after declaring the\npastoral lease rent factor under section 55 (or, if a rent factor is not\ndeclared for a financial year, as soon as practicable after the\nprevious 30 June) send by post to each pastoral lessee a notice\nshowing:\n(a) the amount of rent due in respect of the financial year; and\n(b) the amount payable in respect of each quarter of the financial\nyear, and the date that amount becomes payable; and\n(c) such other information as is prescribed.\n(2) Subject to section 58, a pastoral lessee must pay the rent due and\npayable in respect of a quarter within 30 days after the payment\ndate specified in the notice under subsection (1) for that quarter.\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Interest accrued for late payment of rent","content":"57 Interest accrued for late payment of rent\n(1) This section applies if a lessee does not pay an amount of pastoral\nrent by the date specified in section 56(2).\n(2) Interest:\n(a) is calculated on the amount of unpaid rent at the rate\nprescribed by regulation; and\n(b) accrues:\n(i) the first time – on the first working day after the rent first\nbecame in arrears; and\n\nPastoral Land Act 1992 37\n(ii) subsequently – on the first day of each quarter of the\nfinancial year that the rent remains unpaid.\n(3) For the calculation of future interest and recovery of the interest,\nand for section 60, the amount of interest accrued under this\nsection is part of the unpaid rent.\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Release of lessee in case of hardship","content":"58 Release of lessee in case of hardship\nWhere it is shown to the satisfaction of the Minister that the\npayment of the full amount of rent under a pastoral lease will result\nin the pastoral lessee suffering serious hardship, the Minister may\nremit or postpone the whole or a portion of the rent for such period,\nand on such conditions, as the Minister thinks fit.\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Recovery of rent","content":"59 Recovery of rent\nAll rent payable to the Territory under this Act or under a pastoral\nlease granted under or continued in effect by this Act is recoverable\nby the Minister as a debt due to the Territory.\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Surrender of leases – general","content":"60 Surrender of leases – general\nA pastoral lessee may, at any time, surrender his or her pastoral\nlease or, with the consent of the Minister, any part of the land the\nsubject of the lease, on payment of all rent due and payable under\nthe lease.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Surrender of lease for subdivision, &c.","content":"61 Surrender of lease for subdivision, &c.\n(1) A pastoral lessee may apply to the Minister for approval to\nsubdivide the land the subject of his or her pastoral lease into 2 or\nmore pastoral leases.\n(2) An application under subsection (1):\n(a) shall be in writing; and\n(b) shall be accompanied by a plan showing the manner in which\nit is proposed to subdivide the land.\n(3) On receiving an application under subsection (1), the Minister shall\n\nPastoral Land Act 1992 38\n(4) The Board shall consider the application and, in particular, shall\nconsider:\n(a) whether it is desirable that the pastoral lease be subdivided;\n(b) whether the resultant parts of the proposed subdivision are\ncapable, individually, of supporting sustainable commercial\npastoral enterprises;\n(c) whether the proposed lines of subdivision should be varied;\n(d) the appropriate terms of the leases for the proposed\nsubdivided portions;\n(e) what special conditions should be imposed on the leases of\nthe proposed subdivided portions; and\n(f) such other matters as it thinks fit.\n(5) The Board may make such recommendations to the Minister as it\nthinks fit in relation to an application under this section.\n(6) The Minister may, after considering the recommendations of the\n(a) approve the application as submitted by the pastoral lessee or\nas varied by the Minister; or\n(b) refuse the application.\n(7) The Minister shall, by notice in writing, notify the applicant pastoral\nlessee of the Minister's decision and, if the Minister has approved\nthe application or the application as varied by the Minister, the\nMinister shall specify in the notice:\n(a) the reservations, conditions and provisions to be included in\neach lease of the land if it is subdivided; and\n(b) in respect of each of the portions into which the land is to be\nsubdivided:\n(i) the lease grant charges, if any, for the lease;\n(ii) the fees and deposits to be paid by the lessee in respect\nof the grant of the lease; and\n(iii) the current rent.\n(8) The pastoral lessee may, if he or she:\n(a) has paid all rent due and payable under the lease;\n\nPastoral Land Act 1992 39\n(b) accepts the reservations, conditions and provisions specified\nin the notice under subsection (7); and\n(c) has paid the lease grant charges, fees and deposits specified\nin the notice,\nsurrender his or her pastoral lease and subject to Division 4, is to\nbe granted a new pastoral lease for each of the subdivided portions\nof the land.\n(9) A surrender of a pastoral lease:\n(a) shall be made within 3 months after the date of the notice of\nthe approval of the subdivision; and\n(b) has effect on the date of commencement of the new leases.\n(10) A new pastoral lease granted under this section shall:\n(a) preserve the lessee's rights, if any, in respect of\nimprovements on land the subject of the new lease;\n(b) be for such period (or in perpetuity) as the Minister thinks fit;\nand\n(c) in addition to the matters provided for elsewhere in this Act,\ncontain the reservations, conditions and provisions which are\nspecified in the notice under subsection (7).\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Surrender of term pastoral lease in exchange for perpetual","content":"62 Surrender of term pastoral lease in exchange for perpetual\npastoral lease\n(1) The lessee under a pastoral lease, other than a perpetual pastoral\nlease, may, at any time during the currency of the lease, apply in\nwriting to the Minister to surrender the lease in exchange for a\nperpetual pastoral lease of the whole or a specified part of the land\nthe subject of the existing lease.\n(2) On receiving an application under subsection (1), the Minister shall\n(3) The Board shall consider the application and, in particular:\n(a) the total area of pastoral land held by the applicant lessee;\nand\n(b) whether the applicant has complied with the conditions and\nprovisions of or to which the existing lease is subject,\n\nPastoral Land Act 1992 40\nand, if the Board is satisfied that the applicant lessee has generally\nmanaged or is likely to manage the term pastoral lease in\naccordance with his or her duty under section 6, it shall recommend\nto the Minister that a perpetual pastoral lease of the whole or a\nspecified part of the land included in the existing lease be granted\nto the applicant.\n(4) The Board may, in making its recommendation under\nsubsection (3), recommend to the Minister that the Minister include\nin the proposed perpetual lease a specified area of land that:\n(a) does not constitute an economic area and is suitable for\noccupation by the applicant lessee;\n(b) has been used exclusively by the applicant in conjunction with\nthe pastoral lease to be surrendered; and\n(c) is wholly or partially bounded by, or has at some earlier date\nbeen excised from, the land the subject of the pastoral lease\nto be surrendered.\n(5) On receiving a recommendation from the Board under\nsubsection (3) the Minister may, by notice in writing to the applicant\nlessee, advise the applicant of:\n(a) the description of the land in respect of which the Minister is\nprepared to grant a perpetual pastoral lease;\n(b) the fee, if any, that has been fixed under subsection (7) in\nrespect of the application;\n(c) the rent for the proposed lease; and\n(d) the reservations, conditions and provisions that the proposed\nlease will contain.\n(6) An applicant lessee may, at any time within 3 months after the date\non which the notice under subsection (5) is given, or within such\nfurther time as the Minister allows, in writing addressed to the\nMinister, indicate his or her willingness to accept the proposed\nperpetual pastoral lease on the conditions specified in the notice.\n(7) The Minister may, in his or her discretion, fix a fee in respect of\neach application under subsection (1).\n(8) An applicant lessee may, if he or she:\n(a) has indicated to the Minister his or her willingness to accept\nthe proposed perpetual pastoral lease in accordance with\nsubsection (6);\n\nPastoral Land Act 1992 41\n(b) has paid all rent due and payable under the existing lease;\nand\n(c) has paid the fee (if any) fixed under subsection (7),\nsurrender the existing lease and, subject to Division 4, is to be\ngranted a perpetual pastoral lease according to the particulars\ncontained in the notice under subsection (5) commencing\nimmediately on the surrender of the existing lease.\n(9) A pastoral lease granted under subsection (8) shall preserve the\nlessee's rights in respect of improvements on land included in the\nsurrendered lease which is the subject of the perpetual pastoral\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Applications under section 62 involving subdivision","content":"63 Applications under section 62 involving subdivision\nWhere an application under section 62 proposes that part only of\nthe land comprising an existing pastoral lease be granted as a\nperpetual pastoral lease, the Minister shall treat the application as\nboth an application under that section and under section 61 and the\nBoard shall consider the application referred to it and make its\nrecommendations to the Minister, and the Minister may exercise his\nor her powers in such order as the Minister thinks fit, accordingly.\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Surrender of leases and grant of consolidated lease","content":"64 Surrender of leases and grant of consolidated lease\n(1) Where a person is the lessee of land under a pastoral lease and is\nalso the lessee, under another pastoral lease, of land that adjoins\nthe first mentioned land, the person may apply to the Minister for\nthe grant to him or her of a single pastoral lease of all the land the\nsubject of the first mentioned lease together with the land the\nsubject of the other lease.\n(2) An application under subsection (1):\n(a) shall be in writing; and\n(b) shall be accompanied by a plan showing the land that the\napplicant wishes to be included under the new pastoral lease.\n(3) On receiving an application under subsection (1), the Minister may\n(4) The Board shall consider an application referred to it under\nsubsection (3) and make such recommendations to the Minister as\nit thinks fit.\n\nPastoral Land Act 1992 42\n(5) The Minister shall, after considering the recommendations of the\n(a) approve the application; or\n(b) refuse the application.\n(6) The Minister shall, by notice in writing, notify the applicant lessee of\nthe Minister's decision and, if the Minister approves the application,\nshall specify in the notice:\n(a) the reservations, conditions and provisions that the new lease\nwill contain;\n(b) the purchase price, if any, for the new lease;\n(c) the lease grant charges, if any, for the new lease;\n(d) the fees and deposit payable in respect of the grant of the\nnew lease; and\n(e) the rent for the new lease.\n(7) The applicant lessee may, if he or she:\n(a) has paid all rent due and payable under each of the leases of\nthe respective lands that are to be included in the new lease;\n(b) accepts the reservations, conditions and provisions specified;\nand\n(c) has paid the purchase price, lease grant charges, fees and\ndeposits specified in the notice under subsection (6),\nsurrender each of the pastoral leases and, subject to Division 4, is\nto be granted a new pastoral lease of all the lands the subject of\nthe leases so surrendered.\n(8) A surrender of a pastoral lease:\n(a) shall be made within 3 months after the date of the notice of\nthe approval of the application; and\n(b) shall have effect from the date of commencement of the new\n(9) A new pastoral lease granted under this section shall:\n(a) preserve the lessee's rights, if any, in respect of\nimprovements on land the subject of the new lease;\n\nPastoral Land Act 1992 43\n(b) be for such period (or in perpetuity) as the Minister thinks fit;\nand\n(c) in addition to the matters provided for elsewhere in this Act,\ncontain the reservations, conditions and provisions specified\nin the notice under subsection (5).\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Uneconomic areas of Crown land","content":"65 Uneconomic areas of Crown land\n(1) Where, in the opinion of the Minister, an area of Crown land does\nnot constitute an economic area and is suitable only for occupation\nas part of an adjoining pastoral lease, the Minister shall, in writing,\nadvise the lessees of adjoining pastoral land that the area is\navailable for leasing and invite them to apply for a lease of the land.\n(2) Where 2 or more applications are received in response to an\ninvitation under subsection (1), the Minister shall refer the\napplications to the Board and request it to make a recommendation\nas to how the land should be dealt with.\n(3) Where the recommendation of the Board is that the grant of a\nlease of all or part of the area of land be offered to an applicant, or\nan applicant is the only applicant for the lease of the land, the\nMinister may, by notice in writing to the applicant, offer the grant of\nthe lease to the applicant on such terms and conditions as the\nMinister thinks fit.\n(4) Where a pastoral lessee to whom an offer under subsection (3) is\nmade accepts the Minister's offer, the Minister shall grant the\npastoral lessee a lease of the land which shall be added to the land\nthe subject of the existing adjoining pastoral lease in accordance\nwith this section.\n(5) Where the Minister grants a lease of land in pursuance of\nsubsection (4), the Minister shall cause to be lodged with the\nRegistrar-General a memorandum in an appropriate form under the\nLand Title Act 2000, describing:\n(a) the land to be added to the existing adjoining pastoral lease;\nand\n(b) any variations of the reservations, conditions and other\nprovisions of the existing adjoining pastoral lease agreed to by\nthe Minister and the lessee.\n(6) On the lodging of a memorandum under subsection (5), the\nRegistrar-General shall register the memorandum and, on the\n\nPastoral Land Act 1992 44\nendorsement of the details of the memorandum on the existing\nadjoining pastoral lease, the lease shall extend over the area of the\nland to be added to the pastoral lease, subject to such\nreservations, conditions and other provisions as are set out in the\nmemorandum.\n(7) Where land the subject of the existing adjoining pastoral lease to\nwhich an area of land is to be added pursuant to this section is\nmortgaged or otherwise encumbered, the mortgage or\nencumbrance shall, subject to the consent of the mortgagee or\nencumbrancee, which consent shall not be unreasonably withheld,\nextend over the area of the land to be added, subject to such\nreservations, conditions and other provisions as are set out in the\nmemorandum referred to in subsection (5) that relates to the\n(8) In this section economic area means such area of land as the\nMinister considers to be sufficient to support a sustainable\ncommercial pastoral enterprise.\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Agreement for exchange of part of pastoral lease","content":"66 Agreement for exchange of part of pastoral lease\n(1) A pastoral lessee may apply in writing to the Minister for permission\nto surrender a part of the lessee's pastoral lease in respect of part\nof the land the subject of the lease, being a part of the land that\nadjoins a part of the land included in another pastoral lease.\n(2) An application under subsection (1) must be accompanied by:\n(a) a plan showing the land included in the part of the lease to be\nsurrendered and the land comprised in the adjoining pastoral\nlease; and\n(b) a written statement of the other lessee that he or she desires,\nand is prepared to accept, for inclusion in his or her pastoral\nlease, the land included in the part of the lease to be\nsurrendered; and\n(c) reasons in writing why the surrender and inclusion are\ndesired.\n(3) Subject to subsection (4), the Minister may grant permission or\nrefuse permission for a surrender under this section of a part of a\n\nPastoral Land Act 1992 45\n(4) The Minister must refuse permission if the area of the part of the\nland sought to be surrendered exceeds 8% of the total area of the\nland the subject of the lease.\n(5) The Minister must give to the applicant and to the lessee of the\nadjoining pastoral lease written notice of the Minister's decision\n(6) Where the Minister grants permission under this section, the notice\nunder subsection (5) must specify the variations of the\nreservations, conditions and other provisions of the existing leases\nthe Minister will require and the amount of rent, if any, payable for\nthe pastoral lease in respect of the remainder of the current\nfinancial year and the ensuing financial year, apportioned to the\npercentage of the land to remain the subject of the lease, unless, in\nrelation to the ensuing financial year, the estimated carrying\ncapacity of the land is sooner redetermined under Division 2.\n(7) If, within 60 days after receiving a notice given under\nsubsection (5), the applicant pastoral lessee and the lessee of the\nadjoining pastoral lease inform the Minister in writing of their\nacceptance of the variations of the reservations, conditions and\nother provisions specified in the notice, the Minister must, by written\nnotice to them, grant permission for the surrender and inclusion\nsubject to those variations.\n(8) On the surrender under this section of a part of the land the subject\nof a pastoral lease, the Minister must lodge with the Registrar-\nGeneral a memorandum, in the form of an instrument under the\nLand Title Act 2000, describing:\n(a) the part of the land to be excised from the pastoral lease and\nadded to the adjoining pastoral lease; and\n(b) any variations of the reservations, conditions and other\nprovisions of the leases and specified in the notice given\nunder subsection (5).\n(9) On the lodging of a memorandum under subsection (8), the\nRegistrar-General must register the memorandum and, on the\nRegistrar-General so doing:\n(a) in the case of the pastoral lease to which the land is to be\nadded – the lease extends over the area of land to be added,\nsubject to such reservations, conditions and other provisions\nas are set out in the memorandum; and\n(b) in the case of the lease from which the land is to be excised –\nthe lease ceases to have force or effect over or in relation to\nthe area of land to be excised.\n\nPastoral Land Act 1992 46\n(10) Where there is in existence a mortgage or encumbrance over a\nlease referred to in subsection (9), the mortgage or encumbrance\nmust, subject to the consent of the mortgagee or encumbrancee,\nwhich consent must not be unreasonably withheld:\n(a) in the case of the lease to which the land is to be subject – on\nand from the endorsement on the lease document of the\ndetails of the memorandum referred to in that subsection\nwhich relates to the lease, extend over the area of land to be\nadded, subject to such reservations, conditions and other\nprovisions as are set out in the memorandum; and\n(b) in the case of the lease to which the land is to cease to be\nsubject – cease to have force or effect over or in relation to\nthe area of land to be excised.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Lease transactions without consent","content":"67 Lease transactions without consent\n(a) the person intentionally enters into a lease transaction; and\n(b) the Minister does not consent to the transaction.\nMaximum penalty: For an individual – 40 penalty units.\nFor a body corporate – 650 penalty units.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Application for consent to lease transaction","content":"68 Application for consent to lease transaction\n(1) An application for consent to a lease transaction must be made in\nwriting by the lessee or sublessee to the Minister.\n(2) Before deciding an application under subsection (1), the Minister\nmay refer it to the Board for consideration and recommendation,\nand the Board must report to the Minister within 30 days after the\nreferral is made.\nNote for subsection (2)\nSection 35(6) imposes a restriction on the Minister's power to refer an application\nto the Board.\n(3) The Minister must, after considering any recommendations of the\nBoard, but subject to subsections (4) and (5) and section 35(6), by\nwritten notice to the lessee, consent or refuse to consent to the\nlease transaction.\n\nPastoral Land Act 1992 47\n(4) The Minister must not consent to a lease transaction that is the\ntransfer of a lease until the following amounts have been paid in\nfull:\n(a) all instalments of the purchase price for the grant of the lease;\n(b) all rent and other money due and payable to the Territory\nunder the lease.\n(5) The Minister must not consent to a lease transaction that is a\nsublease unless it is a condition of the agreement that the land will\nbe used only for:\n(a) pastoral purposes; or\n(b) the purposes of the Territory; or\n(c) a non-pastoral purpose for which a non-pastoral use permit\nhas been granted under section 88 and which will remain valid\nfor the duration of the sublease; or\n(d) a purpose prescribed by regulation.\n(6) If the Minister consents to a lease transaction, the applicant under\nsubsection (1) must lodge with the Registrar-General the details of\nthe lease transaction.\n(7) If the applicant does not lodge with the Registrar-General the\ndetails of the lease transaction, the Minister may lodge with the\nRegistrar-General the details of the lease transaction.\n(8) The Minister may recover the cost of lodging the details under\nsubsection (7) as a debt due and payable to the Territory by the\napplicant.\n(9) On lodgement of the details under subsection (6) or (7), the\nrelation to the land and record the particulars in accordance with\nthe Land Title Act 2000.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Position of mortgagee","content":"69 Position of mortgagee\n(1) Where pastoral land has been mortgaged and the mortgagee\nenters into possession of the land, the mortgagee may, unless the\nlease is sooner forfeited, remain in possession for the unexpired\nperiod of the lease and while in possession is subject to the\nconditions of the lease as if the mortgagee were the lessee under\nthe lease.\n\nPastoral Land Act 1992 48\n(2) The fact that the mortgagee or some person by the mortgagee's\nauthority occupies or uses a part of the mortgaged land is prima\nfacie evidence that the mortgagee has entered into possession of\nthe land under the mortgage.\n(3) A mortgagee shall, within a period of 28 days after entering into\npossession of pastoral land, notify the Minister in writing of that\nfact.\n(4) Unless the Minister has been notified in accordance with\nsubsection (3), any notice under this Act given to the lessee after\nthe expiration of the period referred to in that subsection shall be\ndeemed to have been duly given to the mortgagee.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Subleases for Aboriginal communities","content":"70 Subleases for Aboriginal communities\n(1) Despite section 38(1)(d) and 68(5), a pastoral lessee may, with the\nconsent of the Minister, sublet part of the land the subject of the\nlessee's pastoral lease for Aboriginal community living purposes to\nan incorporated body set up for the management of the Aboriginal\ncommunity by which the area subleased is or is to be used.\n(2) For this section Aboriginal community living purposes includes\nresidential, educational and medical purposes, the keeping of\nlivestock and poultry and the growing of fruit and vegetables for use\nby the Aboriginal persons in the community.\n(3) Where the Territory erects improvements on an area the subject of\na pastoral lease sublet for Aboriginal community living purposes, it\nmay, within 3 months after the expiration or sooner determination of\nthe sublease, remove the improvements (including fixtures so\nerected by the Territory) without liability for compensation to the\npastoral lessee.\n","sortOrder":73},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Abandonment of leases and vacation of land","content":"Subdivision 6 Abandonment of leases and vacation of land\n","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Abandonment of perpetual pastoral lease","content":"71 Abandonment of perpetual pastoral lease\n(1) The abandonment of a perpetual pastoral lease shall be deemed to\nbe a breach of a condition of the lease and section 40 applies to\nand in relation to the lease, and the lease may be forfeited under\nthat section, notwithstanding the exceptions expressed in\nsection 40(3)(e) and (4).\n(2) For the purposes of subsection (1), a perpetual pastoral lease is\nabandoned when the rent for the lease has not been paid for\n2 years and during that period there is, in the opinion of the\nMinister, no discernible effective day to day management or\noccupation for pastoral purposes of the leased land by the lessee.\n\n","sortOrder":75},{"sectionNumber":"Div 4","sectionType":"division","heading":"Certain grants, &c., to be treated as compulsory acquisitions","content":"Division 4 Certain grants, &c., to be treated as compulsory acquisitions\nPastoral Land Act 1992 49\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Vacation of land","content":"72 Vacation of land\n(1) Where the lessee or former lessee of pastoral land vacates the\nland leaving behind property, the Minister may, by notice in writing,\nrequire him or her to remove the property within the period\nspecified in the notice.\n(2) If the lessee or former lessee does not comply with a notice under\nsubsection (1) within the specified period, the Minister may remove\nand dispose of the property.\n(3) Costs incurred by the Minister in removing and disposing of\nproperty under subsection (2) that are not covered by the proceeds,\nif any, of the sale of the property may be recovered as a debt due\nand payable to the Territory from the person to whom the notice\nunder subsection (1) was given.\n(4) Surplus proceeds of the sale of the property shall be paid to the\nlessee or former lessee.\nDivision 4 Certain grants, &c., to be treated as compulsory\nacquisitions\n","sortOrder":77},{"sectionNumber":"72A","sectionType":"section","heading":"Application","content":"72A Application\nThis Division applies in relation to:\n(a) an extension of the term of a pastoral lease under section 49;\n(b) the grant of a new pastoral lease under section 61;\n(c) the grant of a perpetual pastoral lease under section 62; and\n(d) the grant of a new pastoral lease under section 64,\nwhere the extension or grant:\n(e) will affect native title rights and interests; and\n(f) is an act to which section 24MD(6B) of the Native Title\nAct 1993 of the Commonwealth applies by virtue of\nsection 24ID(4) of that Act.\n","sortOrder":78},{"sectionNumber":"72B","sectionType":"section","heading":"Procedures under Lands Acquisition Act 1978 to be complied","content":"72B Procedures under Lands Acquisition Act 1978 to be complied\nwith\n(1) Divisions 1 and 2 of Part IV and sections 45 and 45A of the Lands\nAcquisition Act 1978 (in this Division called the applied\nprovisions) apply in relation to an extension or grant to which this\nDivision applies as if it were a compulsory acquisition of native title\n\nDivision 4 Certain grants, &c., to be treated as compulsory acquisitions\nPastoral Land Act 1992 50\nrights and interests in relation to the land that will be affected by the\nextension or grant.\n(2) For the purposes of subsection (1):\n(a) a reference in the applied provisions to the Minister for the\ntime being administering the Lands Acquisition Act 1978 is to\nbe read as a reference to the Minister for the time being\nadministering this Act; and\n(b) a reference in the applied provisions to the compulsory\nacquisition of native title rights and interests is to be read as a\nreference to the extension or grant of a pastoral lease under\nsection 49, 61, 62 or 64 (as the case may be) that affects\nnative rights and interests.\n(3) Where the Minister has complied with Divisions 1 and 2 of Part IV\nof the applied provisions in respect of an extension or grant to\nwhich this Division applies then, subject to section 45 of the applied\nprovisions, the Minister may extend the term of the pastoral lease\nor grant the new pastoral lease or the perpetual pastoral lease\naccordingly.\n","sortOrder":79},{"sectionNumber":"72C","sectionType":"section","heading":"Compensation","content":"72C Compensation\n(1) Compensation is payable by the Territory to the native title holder in\nrespect of any land affected by an extension or grant to which this\nDivision applies for the effect of the extension or grant on the\nholder's registered native title rights and interests.\n(2) A native title holder or registered native title claimant who intends to\nclaim compensation under this section for the effect of an extension\nor grant to which this Division applies on their registered native title\nrights and interests must make the claim within 3 years after the\nterm of the pastoral lease is extended or the perpetual pastoral\nlease or new pastoral lease is granted, as the case may be.\n(3) In the absence of agreement, compensation is not payable to a\nregistered native title claimant unless and until the native title\nclaimed by the claimant is determined.\n(4) In the event of a dispute about compensation payable under\nsubsection (1), the Territory or the native title holder may refer the\ndispute to NTCAT.\n","sortOrder":80},{"sectionNumber":"72D","sectionType":"section","heading":"NTCAT may make recommendations in relation to extension or","content":"72D NTCAT may make recommendations in relation to extension or\ngrant of pastoral lease\nNTCAT may hear and make recommendations about an objection\nby a registered native title claimant or registered native title body\n\nPastoral Land Act 1992 51\ncorporate to the extension or grant of a pastoral lease under\nsection 49, 61, 62 or 64 in so far as the extension or grant affects\nthe registered native title rights and interests of the claimant and\nbody.\n","sortOrder":81},{"sectionNumber":"73","sectionType":"section","heading":"Feral animal control","content":"73 Feral animal control\n(1) The Board may, by written notice, direct a pastoral lessee to control\ndeclared feral animals on the lessee's pastoral land by culling,\nfencing or other means directed by the Board.\n(1A) A lessee commits an offence if the lessee fails to comply with the\nreasonable requirements of a notice given to the lessee under\nsubsection (1).\nMaximum penalty: 40 penalty units and 4 penalty units for\neach day after being found guilty of the\noffence during which the pastoral lessee\nfails to comply with the directions.\n(1B) An offence against subsection (1A) is an offence of strict liability.\n(1C) It is a defence to a prosecution for an offence against\nsubsection (1A) if the defendant has a reasonable excuse.\n(2) For the purposes of subsection (1), the Board may, by Gazette\nnotice, declare a feral animal in relation to the District or part of the\nDistrict in which the leased land is situated.\n","sortOrder":82},{"sectionNumber":"74","sectionType":"section","heading":"Reference areas","content":"74 Reference areas\n(1) The Board may, by Gazette notice, declare a specified area of\npastoral land to be a reference area for the purposes of evaluating\nthe effect that the grazing of stock has on the pastoral land on\nwhich it is located.\n(2) The Board must not make a declaration under subsection (1)\nunless it has given to the lessee not less than 28 days notice of its\nintention to do so and has considered the submissions, if any,\nmade by the lessee within that time relating to the proposed\ndeclaration.\n(3) A reference area:\n(a) must not exceed one square kilometre in size; and\n(b) will, where necessary, be fenced by the Minister.\n\nPastoral Land Act 1992 52\n(4) Subject to any agreement to the contrary between the lessee and\nthe Minister, a pastoral lessee is not obliged to maintain a\nreference area or its fences.\n(5) A person commits an offence if:\n(b) the conduct results in stock entering or remaining in an area\nand the person is reckless as to that result; and\n(c) the area is a fenced reference area.\n(5A) Strict liability applies to subsection (5)(c).\n(5B) A person commits an offence if:\n(b) the conduct occurs on or near a fenced reference area; and\n(c) the conduct results in, damage to the fences and the person\nis reckless in relation to that result.\n(5C) Strict liability applies to subsection (5B)(b).\n(5D) A person commits an offence if:\n(b) the conduct occurs on or near a reference area (whether\nfenced or not); and\n(c) the conduct results in degradation of the reference area and\nthe person is reckless in relation to that result.\n(5E) Strict liability applies to subsection 5D(b).\n(6) A pastoral lessee commits an offence if the lessee:\n(a) has knowledge of damage to a fence around a reference\narea; and\n\nPastoral Land Act 1992 53\n(b) does not advise the Board of the damage as soon as possible\nafter becoming aware of it.\nMaximum penalty: 8 penalty units.\n(7) Strict liability applies to subsection (6)(b).\n(8) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant has a reasonable excuse.\n","sortOrder":83},{"sectionNumber":"75","sectionType":"section","heading":"Monitoring sites","content":"75 Monitoring sites\n(1) The Board may, by marking them in the prescribed manner,\nestablish on pastoral land such monitoring sites as it thinks\nnecessary for the purposes of this Act.\n(2) A person must not remove, deface or otherwise damage a marker\nat a monitoring site.\n(3) An offence against subsection (2) is an offence of strict liability.\n","sortOrder":84},{"sectionNumber":"76","sectionType":"section","heading":"Remedial plans","content":"76 Remedial plans\n(1) If the Board is of the opinion that pastoral land has been degraded\nor otherwise damaged, or is likely to suffer degradation or other\ndamage, and that in order to prevent, arrest or minimise\ndegradation of or other damage to the land, or to rehabilitate the\nland, it is necessary that action under this section be taken, it may,\nby notice in writing to the pastoral lessee, require the lessee to\nsubmit to the Board:\n(a) a remedial plan detailing the proposed management of the\npastoral land over a specified period; or\n(b) a revised remedial plan,\nin accordance with the notice.\n(2) A remedial plan shall contain such information as the Board\nrequires.\n(3) The Board may:\n(a) approve, by endorsement, a remedial plan or revised remedial\nplan;\n\nPastoral Land Act 1992 54\n(b) refer the plan back to the lessee for modification; or\n(c) reject the plan and:\n(i) by notice in writing, require the lessee to submit a fresh\nplan; or\n(ii) itself prepare (or revise, as the case may be) a remedial\nplan.\n(4) Where the Board prepares or revises a remedial plan in pursuance\nof subsection (3)(c)(ii), the cost of it so doing is a debt due and\npayable by the lessee to the Territory.\n(5) If a lessee fails to comply with a notice under subsection (1) or (3),\nthe Board may prepare a remedial plan or revised remedial plan in\nrespect of the pastoral land and the cost of it so doing is a debt due\nand payable by the lessee to the Territory.\n(6) A remedial plan or revised remedial plan prepared by the Board in\npursuance of subsection (3)(c)(ii) or (5) shall be taken to be an\napproved remedial plan for the pastoral land to which it relates.\n(7) The Board may, by endorsement, approve a remedial plan\nvoluntarily submitted to it by a lessee.\n(8) An approved remedial plan may, with the approval of the Board, be\nvaried by the lessee.\n(9) If a lessee fails, without reasonable excuse:\n(a) to comply with a notice under subsection (1) or (3); or\n(b) to implement an approved remedial plan,\nthe failure constitutes a breach of the conditions of the pastoral\n(10) The Board shall cause a copy of each approved remedial plan, and\neach such plan as varied under subsection (8), to be lodged with\nthe Registrar-General.\n(11) Each approved remedial plan lodged with the Registrar-General\nshall be registered on the title records kept by the Registrar-\nGeneral.\n(12) A remedial plan registered as referred to in subsection (11) is\nbinding on a mortgagee in possession of, and on successors in title\nto, the land.\n\nPastoral Land Act 1992 55\n","sortOrder":85},{"sectionNumber":"77","sectionType":"section","heading":"Lessee not responsible for rectification of certain damage, &c.","content":"77 Lessee not responsible for rectification of certain damage, &c.\n(1) Notwithstanding anything in this Act, a pastoral lessee is not\nresponsible for the expense of rehabilitating or restoring land the\nsubject of his or her pastoral lease to the extent that the\ndegradation or other damage was or is, in the opinion of the\nMinister after considering the advice of the Board, beyond the\npastoral lessee's reasonable control (and was not or is not caused\nor aggravated by his or her activity) and, subject to subsection (2),\nneither is the lessee's failure to take action in relation to the\ndegradation or other damage, as required by a remedial plan, a\nbreach of a condition of his or her pastoral lease.\n(2) The Territory may enter into an arrangement with a pastoral lessee\nfor the payment of the costs of rectifying particular damage or\ndeterioration of a kind referred to in subsection (1) and when such\nan arrangement is entered into that rectification, to the extent of the\narrangement, becomes an obligation of the pastoral lessee under\nthe remedial plan.\n","sortOrder":86},{"sectionNumber":"78","sectionType":"section","heading":"Interpretation","content":"78 Interpretation\n(1) For the purposes of this Part, camping is temporary if it is for a\nperiod not exceeding 2 weeks or, if a longer or shorter period is\nprescribed in respect of a particular area, the period so prescribed\nin relation to camping in that area.\n(2) The Board may, by notice in the Gazette, prescribe periods for the\npurposes of subsection (1).\n","sortOrder":87},{"sectionNumber":"79","sectionType":"section","heading":"Access to waterways","content":"79 Access to waterways\n(1) Subject to this or any other law in force in the Territory, a person\nhas, without the specific permission of the pastoral lessee, a right\nto be on:\n(a) perennial natural water (including the sea) on or surrounded\nby (or, in the case of the sea or a stream or waters forming\nthe boundary of pastoral land, bordered by) pastoral land; or\n(b) land within the prescribed distance of those waters.\n(2) Subject to this Part, where a pastoral lessee, within 12 months after\nthe commencement of this Act, by notice in a newspaper circulating\nin the area in which his or her pastoral land is situated, nominates a\nreasonably practicable route across land the subject of his or her\nlease from a public road to water referred to in subsection (1),\n\nPastoral Land Act 1992 56\nadvises the Board in writing of the route so nominated and\nindicates on the land by reasonable signs or other means (such as\nby grading the surface of an access road or track), access to the\nwater may be obtained by members of the public, without the\nspecific permission of the pastoral lessee, only by that route.\n(3) Where a pastoral lessee has not under subsection (2) nominated a\nroute, or has nominated a route that the Board considers is not\npracticable for the purposes of this Part, the Board may, in the\nsame manner, nominate such a route as the route, or an alternative\nroute, for public access to the water, and members of the public\nmay use the route accordingly.\n(4) In exercising its discretion under subsection (3) the Board shall\nhave regard to:\n(a) the possible environmental damage that may result from the\nuse of a proposed route;\n(b) the adverse effect, if any, that its use may have on the\nmanagement of the pastoral land;\n(c) the financial burden on any person (including the Territory)\nthat may result from the nomination of the route;\n(d) the impact, if any, on the privacy of persons residing on the\n(e) the availability of alternative access other than across the\n(f) whether, in its opinion, it is necessary for access to be\nprovided across the pastoral land; and\n(g) such other matters as it thinks fit or as are presented to it.\n(5) A route shall not, by reason only of being nominated or indicated\npursuant to subsection (2) or (3) or being used by members of the\npublic as a consequence, become a public road.\n(6) Subject to this Part, a person may camp temporarily on land within\nthe prescribed distance of water referred to in subsection (1).\n(7) This section does not give a person the right to camp:\n(a) within a radius of 2 kilometres of a homestead or other\nresidential premises on pastoral land;\n(b) within a radius of 1 kilometre of a dam or other constructed\nstock watering point on pastoral land; or\n\nPastoral Land Act 1992 57\n(c) within 500 metres of every usual point of access for stock or\nwildlife to natural water.\n(8) In this section prescribed distance means 50 metres or where,\nunder subsection (9), some other distance is prescribed in relation\nto particular waters or water at a place, that other distance in\nrelation to those waters or that place.\n(9) The Board may, by notice in the Gazette, prescribe a distance for\nthe purposes of subsection (8).\n","sortOrder":88},{"sectionNumber":"80","sectionType":"section","heading":"Public access not to be obstructed","content":"80 Public access not to be obstructed\n(a) the person intentionally places an obstruction; and\n(b) the obstruction is across an access route and the person is\nreckless as to that circumstance; and\n(c) the person does not have lawful authority to place the\nobstruction across that route.\n(2) Strict liability applies to subsection (1)(c).\n(3) Where pastoral land over which there is an access route is fenced\nand there is no gate or grid in or other means of passage through\nor over the fence at the point at which reasonable access to the\nroute can be had, the Minister must erect a suitable gate or grid, or\nother means of passage, in, through or over the fence at that point.\n(4) A person commits an offence if:\n(a) the person intentionally erects a fence; and\n(b) the fence is across an access route and the person is reckless\nas to that circumstance; and\n(c) the person fails to provide a suitable gate, grid or other means\nof passage in, through or over the fence at its intersection with\nthe route so that access to the route can be had.\n(5) Strict liability applies to subsection (4)(c).\n(6) Subject to section 82, a person commits an offence if:\n(a) the person intentionally locks a gate; and\n\nPastoral Land Act 1992 58\n(b) the gate passes over an access route.\n(7) Strict liability applies to subsection (6)(b).\n(8) In this section:\naccess route means a route nominated or indicated under\nsection 79(2) or (3).\nobstruction does not include a fence.\n","sortOrder":89},{"sectionNumber":"81","sectionType":"section","heading":"Access to features of public interest","content":"81 Access to features of public interest\n(1) Subject to subsection (2), the Minister may, by notice in the Gazette\ndeclare an area of pastoral land to be or contain a feature of public\ninterest and in the same or a subsequent notice in the Gazette\nnominate a route by which members of the public may gain access\nacross pastoral land to the area.\n(2) The Minister shall not under subsection (1) declare an area of\npastoral land or nominate a route unless the Minister has given the\npastoral lessee reasonable written notice of his or her intention to\ndo so.\n(3) Sections 79 and 80, with the necessary changes, apply to and in\nrelation to an area declared under subsection (1) as if the feature\nthat it contains were perennial water referred to in section 79 and\nthe area were land within the prescribed distance of that water.\n","sortOrder":90},{"sectionNumber":"82","sectionType":"section","heading":"Temporary closure of access","content":"82 Temporary closure of access\n(1) A pastoral lessee may, for reasons associated with the reasonable\nmanagement of the lessee's pastoral lease, after advising the\nBoard of the intention to do so, by giving public notice and by\nreasonable indication on or in the vicinity of the land to which the\nnotice refers, close any land the subject of the pastoral lease on\nwhich members of the public would otherwise have the right to be\nand any access route nominated under section 79 or 81 to that land\nor water adjacent to the land, but so that such land or access route\nis not closed by the lessee for more than 2 weeks in a year, except\nwith the approval in writing of the Board.\n(1A) The Board may determine the manner in which the public notice is\n(2) The Board may direct a pastoral lessee to revoke or amend a\nnotice under this section in such manner as it thinks fit to ensure\nthat the public has reasonable access to the land or water without\n\nPastoral Land Act 1992 59\nunduly interfering with the operations of the pastoral enterprise and\nthe pastoral lessee must, as soon as practicable, comply with the\ndirection.\n(3) An offence against subsection (2) is an offence of strict liability.\n","sortOrder":91},{"sectionNumber":"83","sectionType":"section","heading":"Closure for rehabilitation and conservation purposes","content":"83 Closure for rehabilitation and conservation purposes\n(1) A pastoral lessee may apply to the Board for permission to close or\nclose from access under section 79 or 81, or permit the use or such\naccess subject to conditions, any land to which members of the\npublic would otherwise have the use or access, on the grounds that\nthe land, or adjoining water or pastoral land, is being or is likely to\nbe degraded because of the use or access or that the use or\naccess, or proposed use or access, is interfering with or will\ninterfere with the reasonable conduct of the pastoral lessee's\nenterprise.\n(2) The Board may, in its absolute discretion, whether or not as a result\nof an application under subsection (1), by Gazette notice and by\ngiving public notice, declare that members of the public do not have\na right, without the specific permission of the pastoral lessee, to\nuse or have access to land specified in the notice, either absolutely\nor during such period as is specified in the notice, or to use the land\nor have the access only subject to such conditions as are specified\nor referred to in the notice and, accordingly, the right ceases to\nexist or exists only subject to those conditions.\n(2A) The Board may determine the manner in which the public notice is\n(3) A person who contravenes a declaration under subsection (2) or a\ncondition imposed under that subsection is guilty of an offence.\nMaximum penalty: 4 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n","sortOrder":92},{"sectionNumber":"84","sectionType":"section","heading":"Licensing of persons for certain purposes","content":"84 Licensing of persons for certain purposes\n(1) Subject to subsection (2), the Minister may, on behalf of the\nTerritory, on the payment to the Minister of the prescribed fee,\n\nPastoral Land Act 1992 60\nlicense a person to go onto pastoral land, whether the pastoral\nlease was granted before or after the commencement of this Act,\nand to take from the land:\n(a) live or dead naturally grown timber or wood;\n(b) stone, shell, sand, gravel, clay, or earth, not being or\nsupposed to be metalliferous;\n(c) salt;\n(d) seaweed;\n(e) bark; or\n(f) any other substance or article,\nreserved to, or otherwise the property of, the Territory.\n(2) A person licensed under this section is not entitled to exercise the\nright after the expiration of 12 months from the date on which he or\nshe was first licensed, except with and in accordance with the\nwritten permission of the Minister.\n","sortOrder":93},{"sectionNumber":"85","sectionType":"section","heading":"Pastoralists' liability limited","content":"85 Pastoralists' liability limited\nThe liability of a lessee or occupier of pastoral land for injury to a\nperson, or damage to the property of a person, on that land or\nperennial natural waters on the land in pursuance of the person's\nright under this Part (including under section 84) shall not exceed\nthat of an occupier of land to a trespasser.\n","sortOrder":94},{"sectionNumber":"85A","sectionType":"section","heading":"Non-pastoral use permit","content":"85A Non-pastoral use permit\n(1) The Board may, on application by a pastoral lessee under\nsection 86(1), grant the lessee a non-pastoral use permit to use all\nor part of the land the subject of the lessee's pastoral lease for a\npurpose that is not a pastoral purpose (a non-pastoral purpose).\n(2) The Board may issue guidelines for pastoral lessees in relation to\nthe processes of application for a non-pastoral use permit and the\ndetermination of the application.\n(3) The guidelines must be approved by the Minister.\n\nPastoral Land Act 1992 61\n","sortOrder":95},{"sectionNumber":"85B","sectionType":"section","heading":"Registration","content":"85B Registration\n(1) A non-pastoral use permit is a registrable instrument for the Land\nTitle Act 2000.\n(2) On granting a non-pastoral use permit, the Board must lodge with\nthe Registrar-General the required number of copies of the permit\nfor registration.\n(3) On registration by the Registrar-General, a permit gives the\npastoral lessee of the land to which the permit relates the right to\nuse the land the subject of the lease for non-pastoral purposes to\nthe extent specified in the permit.\n","sortOrder":96},{"sectionNumber":"85C","sectionType":"section","heading":"Effect of non-pastoral use permit on dealing with lease","content":"85C Effect of non-pastoral use permit on dealing with lease\nTo avoid doubt, if a non-pastoral use permit is registered in relation\nto land held under a pastoral lease, any subsequent dealing with\nthe lease (for example, by a transfer or an assignment) is of the\nlease and the permit unless the dealing specifically states\notherwise.\n","sortOrder":97},{"sectionNumber":"85D","sectionType":"section","heading":"Fee for non-pastoral use permit","content":"85D Fee for non-pastoral use permit\nThe Minister may determine fees payable, on an annual or other\nbasis, for a non-pastoral use permit to use pastoral land for a non-\npastoral purpose.\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Application for non-pastoral use permit","content":"86 Application for non-pastoral use permit\n(1) A pastoral lessee who wishes to use all or part of the land the\nsubject of a pastoral lease for a non-pastoral purpose may, in the\nform the Board requires, apply to the Board for a non-pastoral use\npermit.\nNote for subsection (1)\nSection 87 sets out matters the Board must consider in relation to applications.\n(2) Before considering an application under subsection (1) the Board\nmay request from the applicant such additional information relating\nto the proposed use as it thinks fit and may defer its consideration\nuntil the information is provided.\n\nPastoral Land Act 1992 62\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Assessment of application","content":"87 Assessment of application\n(2) In considering an application under section 86(1) for a non-pastoral\nuse permit to use pastoral land for a non-pastoral purpose, the\n(b) must take into account current government policy known to it\nin relation to the type of use proposed; and\n(c) must consider the likely effect of the proposed use on the\nenvironment and the pastoral enterprise of the pastoral\nlessee; and\n(ca) must take into account submissions received by the Board\nunder section 87A within the period specified in the notice\ngiven under section 87A(3)(c); and\n(d) may consider or take into account any other matters as it\nthinks fit.\n(2A) In addition to the matters specified in subsection (2), if the grant of\nthe non-pastoral use permit by the Board would be a future act to\nwhich Part 2, Division 3, Subdivision G of the NTA applies, the\nBoard must comply with the requirements of Part 2, Division 3,\nSubdivision G of the NTA in considering the application.\n(3) For subsection (2)(b), the Minister may issue guidelines to the\nBoard.\n(3A) The meeting of the Board at which the application is considered\nmay be open to the public.\n(3B) If the meeting is to be open to the public, the Board must:\n(a) invite the applicant and any person who made a submission\nunder section 87A to attend the meeting; and\n(b) give any person attending the meeting a reasonable\nopportunity to address the Board.\n(4) In this section:\nfuture act, see section 233 of the NTA.\n","sortOrder":100},{"sectionNumber":"87A","sectionType":"section","heading":"Public notice of application","content":"87A Public notice of application\n(1) Before making a decision on an application the Board must give\npublic notice of the application.\n\nPastoral Land Act 1992 63\n(2) The Board may determine the manner in which the public notice is\n(3) The notice must:\n(a) give details of the application; and\n(b) be in the form approved by the Board; and\n(c) invite any person who is interested in doing so to make written\nsubmissions to the Board about the application within the time\nspecified in the notice (which must be not less than 14 days\nafter the date the notice is first published).\n","sortOrder":101},{"sectionNumber":"88","sectionType":"section","heading":"Board may impose conditions on non-pastoral use permit","content":"88 Board may impose conditions on non-pastoral use permit\n(1) The Board may grant a non-pastoral use permit under\nsection 85A(1) subject to any conditions the Board considers\nappropriate.\n(2) A condition imposed by the Board under subsection (1) must be\nspecified in the non-pastoral use permit.\n","sortOrder":102},{"sectionNumber":"89","sectionType":"section","heading":"Term of non-pastoral use permit","content":"89 Term of non-pastoral use permit\n(1) A non-pastoral use permit has effect for the period, not exceeding\n30 years, specified in the permit.\n(2) However, if a non-pastoral use permit relates to land held under a\nterm pastoral lease, the permit has effect only until the expiry of the\nlease, or the lesser period specified in the permit.\n","sortOrder":103},{"sectionNumber":"89A","sectionType":"section","heading":"Extension of term of non-pastoral use permit","content":"89A Extension of term of non-pastoral use permit\n(1) A pastoral lessee may apply to the Board for the extension for a\nspecified period of the term of a non-pastoral use permit granted in\nrelation to the pastoral land.\n(2) The application must be made in the approved form at least 2 years\nbefore the non-pastoral use permit is due to expire.\n(a) the conduct of the applicant in relation to the operation of the\nnon-pastoral use permit (including the extent to which the\napplicant has complied with the conditions of the permit); and\n(b) the likely impact on the environment if the term of the non-\npastoral use permit was extended; and\n(c) any other matter prescribed by regulation.\n\nPastoral Land Act 1992 64\n(4) The Board must, by written notice to the applicant, decide the\n(a) extending the term of the non-pastoral use permit for the\nspecified period; or\n(b) extending the term of the non-pastoral use permit for a shorter\nperiod as decided by the Board; or\n(c) refusing the application.\n(5) If the Board extends the term of the non-pastoral use permit, the\nBoard must lodge with the Registrar-General the required number\nof copies of the written notice of extension for registration.\n(6) On registration by the Registrar-General of the written notice of\nextension, the term of the non-pastoral use permit is extended for\nthe period specified in the notice.\n(7) If the Board has not decided the application before the non-pastoral\nuse permit ceases to have effect, the Board is taken to have\nrefused the application.\n","sortOrder":104},{"sectionNumber":"89B","sectionType":"section","heading":"Variation of non-pastoral use permit – by Board","content":"89B Variation of non-pastoral use permit – by Board\n(1) The Board may, on its own initiative, by written notice given to a\npastoral lessee in relation to whose pastoral land a non-pastoral\nuse permit is in force, vary the permit if the Board considers the\nvariation is appropriate, having regard to:\n(a) the conduct of the lessee in relation to the operation of the\npermit (including the extent to which the lessee has complied\nwith the conditions of the permit); and\n(b) the likely impact on the environment if the variation were\n(c) whether the variation may result in:\n(i) a use for a non-pastoral purpose becoming the\ndominant use of the pastoral land; or\n(ii) Part 2, Division 3, Subdivision G of the NTA applying in\nrelation to the variation; and\n(2) The notice must specify the variation.\n\nPastoral Land Act 1992 65\n(3) If the Board varies the non-pastoral use permit, the Board must\nthe written notice of variation for registration.\n(4) On registration by the Registrar-General of the written notice of\nvariation, the non-pastoral use permit is varied as specified in the\nnotice.\n(5) A non-pastoral use permit may be varied more than once under this\n(6) In this section:\nvariation, of a non-pastoral use permit:\n(a) includes a variation of the conditions of the permit; but\n(b) does not include an extension of the term of the permit.\n","sortOrder":105},{"sectionNumber":"89C","sectionType":"section","heading":"Variation of non-pastoral use permit – on application by","content":"89C Variation of non-pastoral use permit – on application by\npastoral lessee\n(1) A pastoral lessee in relation to whose pastoral land a non-pastoral\nuse permit is in force may apply to the Board for a specified\nvariation of the permit.\n(2) The application must be made in the approved form before the\nnon-pastoral use permit is due to expire.\n(a) the conduct of the applicant in relation to the operation of the\nnon-pastoral use permit (including the extent to which the\napplicant has complied with the conditions of the permit); and\n(b) the likely impact on the environment if the variation were\n(c) whether the variation may result in:\n(i) a use for a non-pastoral purpose becoming the\ndominant use of the pastoral land; or\n(ii) Part 2, Division 3, subdivision G of the NTA applying in\nrelation to the variation; and\n\nPastoral Land Act 1992 66\n(4) The Board must, by written notice to the applicant, decide the\n(a) varying the non-pastoral use permit as specified in the\napplication; or\n(b) varying the non-pastoral use permit as specified in the\napplication, but with specified changes made by the Board; or\n(c) refusing the application.\n(5) If the Board varies the non-pastoral use permit , the Board must\nthe written notice of variation for registration.\n(6) On registration by the Registrar-General of the written notice of\nvariation, the non-pastoral use permit is varied as specified in the\nnotice.\n(7) If the Board has not decided the application before the non-pastoral\nuse permit expires or otherwise ceases to have effect, the Board is\ntaken to have refused the application.\n(8) A non-pastoral use permit may be varied more than once under this\n(9) In this section:\nvariation, of a non-pastoral use permit:\n(a) includes a variation of the conditions of the permit; but\n(b) does not include an extension of the term of the permit.\n","sortOrder":106},{"sectionNumber":"89D","sectionType":"section","heading":"Suspension of non-pastoral use permit – by Board","content":"89D Suspension of non-pastoral use permit – by Board\n(1) The Board may, on its own initiative, by written notice to a pastoral\nlessee in relation to whose pastoral land a non-pastoral use permit\nis in effect, suspend the permit if the Board thinks the suspension is\nappropriate, having regard to:\n(a) the conduct of the lessee in relation to the operation of the\npermit (including the extent to which the lessee has complied\nwith the conditions of the permit); and\n(b) any special circumstances giving rise to the need for the\nsuspension (including, for example, an emergency); and\n(c) the likely impact on the environment if the permit were\nsuspended; and\n\nPastoral Land Act 1992 67\n(2) The notice must specify:\n(a) the reason for the suspension; and\n(b) the period of the suspension (the suspension period).\n(3) Before the end of the suspension period, the Board may, by written\nnotice given to the pastoral lessee:\n(a) extend the suspension period; or\n(b) revoke the non-pastoral use permit under section 89E; or\n(c) reinstate the non-pastoral use permit .\n(4) A non-pastoral use permit may be suspended more than once\n","sortOrder":107},{"sectionNumber":"89E","sectionType":"section","heading":"Revocation of non-pastoral use permit – by Board","content":"89E Revocation of non-pastoral use permit – by Board\n(1) The Board may, on its own initiative, if the Board considers that a\nnon-pastoral use permit should be revoked, by written notice to the\npastoral lessee in relation to whose pastoral land the permit is in\neffect, give the lessee the opportunity to give reasons to the Board\nwhy the permit should not be revoked.\n(2) The notice must specify:\n(a) a reasonable time (the response time) by which the pastoral\nlessee must provide the reasons; and\n(b) if the notice has been given because the Board considers the\nlessee has contravened this Act in relation to the non-pastoral\nuse permit or pastoral lease:\n(i) details of the contravention; and\n(ii) if the contravention can be remedied – that the lessee\nmust take specified actions to remedy the contravention\nwithin a reasonable period as specified in the notice.\n(3) After the expiry of the response time, the Board may revoke the\nnon-pastoral use permit if it thinks it appropriate, having had regard\nto:\n(a) whether or not the pastoral lessee has taken appropriate\nactions that will remedy a contravention (including, for\nexample, actions mentioned in subsection (2)(b)(ii)); and\n\nPastoral Land Act 1992 68\n(b) any reasons given by the lessee under subsection (1); and\n(c) the likely impact on the environment if the permit were\nrevoked; and\n(4) If the Board revokes the non-pastoral use permit, the Board must\nthe written notice of revocation for registration.\n(5) On registration by the Registrar-General of the written notice of\nrevocation, the non-pastoral use permit ceases to have effect.\n","sortOrder":108},{"sectionNumber":"89F","sectionType":"section","heading":"Suspension or revocation of non-pastoral use permit – on","content":"89F Suspension or revocation of non-pastoral use permit – on\napplication by pastoral lessee\n(1) A pastoral lessee in relation to whose pastoral land a non-pastoral\nuse permit is in force may apply to the Board for:\n(a) the suspension of the permit for a specified period; or\n(b) the revocation of the permit.\n(2) The application must be made in the approved form.\n(a) any special circumstances giving rise to the need for the\nsuspension or revocation (including, for example, an\nemergency); and\n(b) the likely impact on the environment if the decision to suspend\nor revoke the non-pastoral use permit were made; and\n(c) any other matter prescribed by regulation.\n(a) approving the application by suspending or revoking the non-\npastoral use permit; or\n(5) A non-pastoral use permit may be suspended more than once\n(6) If the Board revokes the non-pastoral use permit, the Board must\nthe written notice of revocation for registration.\n\nPastoral Land Act 1992 69\n(7) On registration by the Registrar-General of the written notice of\nrevocation, the non-pastoral use permit ceases to have effect.\n","sortOrder":109},{"sectionNumber":"89G","sectionType":"section","heading":"If non-pastoral use permit revoked","content":"89G If non-pastoral use permit revoked\n(1) After revoking a non-pastoral use permit under section 89E or 89F,\nthe Board may, in writing, direct the lessee of land in relation to\nwhich the permit had been granted to take reasonable steps to\nalleviate any impact on the land arising from the use of the land for\na non-pastoral purpose.\n(2) A pastoral lessee commits an offence if:\n(a) the lessee receives written directions under subsection (1);\nand\n(b) the lessee intentionally engages in conduct; and\n(c) the conduct results in a contravention of the directions and the\n(3) Strict liability applies to subsection (2)(a).\n","sortOrder":110},{"sectionNumber":"90","sectionType":"section","heading":"Board may require pastoral lessee to provide details of uses","content":"90 Board may require pastoral lessee to provide details of uses\n(1) The Board may require a pastoral lessee to provide to it such\ndetails, and within such time, as it requires in relation to activities\nbeing carried out on land the subject of his or her pastoral lease\nand the lessee must provide the details accordingly.\n(2) If in the opinion of the Board (whether or not formed as a result of\ndetails provided under subsection (1)) an activity being carried out\non pastoral land is not a pastoral purpose it may, by notice in\nwriting to the pastoral lessee, require the lessee, within 30 days:\n(a) to apply to the Minister to surrender the part of the pastoral\nlease on which the activity is being carried out in exchange for\na separate title under another Act for that non-pastoral\npurpose; or\n(b) to apply under section 86 for a non-pastoral use permit to\ncarry out the activity.\n\nPastoral Land Act 1992 70\n","sortOrder":111},{"sectionNumber":"91","sectionType":"section","heading":"Board may declare use of land not to be pastoral use","content":"91 Board may declare use of land not to be pastoral use\nThe Board may, at any time, by notice in the Gazette, declare a use\nof land described in the notice not to be a use for pastoral\npurposes.\n","sortOrder":112},{"sectionNumber":"91A","sectionType":"section","heading":"Meaning of clear in relation to land","content":"91A Meaning of clear in relation to land\nClear, in relation to land, means any of the following:\n(a) the killing, destruction or removal of native vegetation;\n(b) any substantial damage to native vegetation.\n","sortOrder":113},{"sectionNumber":"91B","sectionType":"section","heading":"Meaning of native vegetation","content":"91B Meaning of native vegetation\nNative vegetation means a plant that is terrestrial or intertidal flora\nindigenous to the Territory.\nExamples for definition native vegetation\nGrasses, shrubs and mangroves.\n","sortOrder":114},{"sectionNumber":"91C","sectionType":"section","heading":"Clearing of land","content":"91C Clearing of land\n(b) the conduct results in clearing pastoral land and the person is\nreckless in relation to that result; and\n(c) the clearing was not:\n(i) conducted in accordance with a clearing permit; or\n(ii) permitted under section 38(1)(k) or (2)(f) or 91D.\nMaximum penalty: 500 penalty units.\n(2) Strict liability applies to subsection (1)(c).\n\nPastoral Land Act 1992 71\n","sortOrder":115},{"sectionNumber":"91D","sectionType":"section","heading":"Permitted clearing","content":"91D Permitted clearing\nThe Board may, by Gazette notice, determine that clearing pastoral\nland in circumstances specified in the notice is permitted without a\nExamples for section 91D\n1 Clearing land to build a fence.\n2 Clearing land to build a track.\n91E Board may issue guidelines\n(1) The Board may issue guidelines for clearing pastoral land.\n(2) The Board must publish the guidelines in any manner that makes\nthe guidelines publicly available in the Territory.\n","sortOrder":116},{"sectionNumber":"91F","sectionType":"section","heading":"Application for clearing permit","content":"91F Application for clearing permit\n(1) A pastoral lessee may apply to the Board for a permit (a clearing\npermit) to conduct clearing for all or part of the land the subject of\nthe lessee's pastoral lease.\n(2) An application for a clearing permit must be:\n(a) in the form approved by the Board; and\n(b) accompanied by any application fee determined by the\nMinister.\n(3) To avoid doubt, a clearing permit only permits a pastoral lessee to\nclear land subject to the lessee's pastoral lease and does not\npermit the lessee to use the land for a non-pastoral purpose.\nNote for subsection (3)\nA pastoral lessee may apply to the Board for a non-pastoral use permit under\nsection 85A.\n","sortOrder":117},{"sectionNumber":"91G","sectionType":"section","heading":"Public notice of application","content":"91G Public notice of application\n(1) Before making a decision on an application for a clearing permit,\nthe Board must give public notice of the application.\n(2) The Board may determine the manner in which the public notice is\n(3) The notice must:\n(a) give details of the application; and\n\nPastoral Land Act 1992 72\n(b) be in the form approved by the Board; and\n(c) invite any person who is interested in doing so to make written\nsubmissions to the Board about the application within the time\nspecified in the notice (which must be not less than 14 days\nafter the date the notice is first published).\n","sortOrder":118},{"sectionNumber":"91H","sectionType":"section","heading":"Decision of application by Board","content":"91H Decision of application by Board\n(1) Before making a decision whether to grant a clearing permit, the\nBoard must consider:\n(a) any submission received by the Board under\nsection 91G(3)(c); and\n(b) any relevant guidelines issued by the Board under\nsection 91E; and\n(c) any other matters the Board considers relevant.\n(2) After considering the matters mentioned in subsection (1), the\nBoard must:\n(a) approve the application and grant the clearing permit, with or\nwithout conditions, to the applicant; or\n(b) refuse to grant the clearing permit.\n(3) The clearing permit must be in writing and include the following\ndetails:\n(a) the land on which the clearing may be conducted;\n(b) any conditions specified by the Board;\n(c) the clearing period.\n","sortOrder":119},{"sectionNumber":"91J","sectionType":"section","heading":"Clearing period","content":"91J Clearing period\n(1) The Board may determine that the clearing of land, in relation to a\nclearing permit:\n(a) must be completed within a specified period; or\n(b) is permitted to be completed in specified stages.\n(2) If the Board determines that the clearing is permitted in stages, the\nBoard may also specify conditions to be satisfied at the conclusion\nof a stage.\n\nPastoral Land Act 1992 73\n(3) If the Board does not make a determination under subsection (1),\nthe clearing must be completed within 10 years from the date of the\n(4) If the holder of a clearing permit does not complete all or part of the\nclearing in accordance with subsection (1) or (3), the holder is\npresumed to have abandoned the incomplete clearing and the\nclearing period is taken to have lapsed.\n","sortOrder":120},{"sectionNumber":"91K","sectionType":"section","heading":"Duration and effect of clearing permit","content":"91K Duration and effect of clearing permit\n(1) A clearing permit remains in force until the earlier of:\n(a) the day the permit is revoked under section 91R or 91S; or\n(b) the day the expiry of the pastoral lease granted for the land\nthe subject of the permit.\n(2) While a clearing permit remains in force, the holder of the permit\nmay:\n(a) during the clearing period – clear the land the subject of the\npermit; and\n(b) undertake work to maintain the land that was cleared in\naccordance with the permit.\n(3) Despite subsection (1)(b), if a clearing permit relates to land held\nunder a term pastoral lease and at the expiry of that term the land\nfor which the lease applied is granted a pastoral lease in perpetuity,\nthe clearing permit continues:\n(a) in force as if the previous lease term had not expired; and\n(b) until revoked under section 91R or 91S.\n(4) If a clearing permit has been revoked under section 91R or 91S or\nthe clearing period has lapsed under section 91J(4), a pastoral\nlessee is entitled to undertake work to maintain the land that was\ncleared in accordance with the permit despite the revocation or\nlapsed period.\n(5) The entitlement under subsection (4) does not permit the pastoral\nlessee to conduct any new clearing.\n\nPastoral Land Act 1992 74\n","sortOrder":121},{"sectionNumber":"91L","sectionType":"section","heading":"Registration of clearing permit","content":"91L Registration of clearing permit\n(1) The following are registrable instruments for the Land Title\nAct 2000:\n(a) a clearing permit;\n(b) any variation of a clearing permit under section 91P;\n(c) any extension of the clearing period under section 91N.\n(2) If the Board grants or varies a clearing permit or extends the\nclearing period, the Board must lodge with the Registrar-General\ndetails of the permit, variation or extension.\n(3) On lodgement of the details of the clearing permit, variation or\nextension, the Registrar-General must create an entry in the land\nregister in relation to the land subject to the permit and record the\nparticulars in accordance with the Land Title Act 2000.\n","sortOrder":122},{"sectionNumber":"91M","sectionType":"section","heading":"Effect of clearing permit on dealing with lease","content":"91M Effect of clearing permit on dealing with lease\nIf a clearing permit is registered under section 91L in relation to\nland held under a pastoral lease, any subsequent dealing with the\nlease is of the lease and the permit unless the dealing specifically\nstates otherwise.\nExamples for section 91M\nSubsequent dealing with a lease may include a transfer of the lease or an\nassignment of the lease.\n","sortOrder":123},{"sectionNumber":"91N","sectionType":"section","heading":"Extension of clearing period","content":"91N Extension of clearing period\n(1) The holder of a clearing permit may apply to the Board for an\nextension of the clearing period.\n(2) The application must be made in the form approved by the Board\nat least 3 months prior to the expiry of the clearing period.\n(3) Before making a decision whether to extend the clearing period, the\nBoard must consider:\n(a) any relevant guidelines issued by the Board under\nsection 91E; and\n(b) any other matter the Board considers relevant.\n\nPastoral Land Act 1992 75\n(a) approving the application and extending the clearing period\nfor the period specified by the Board; or\n(5) The clearing period may be extended more than once under this\n","sortOrder":124},{"sectionNumber":"91P","sectionType":"section","heading":"Variation of clearing permit","content":"91P Variation of clearing permit\n(1) The Board may, on its own initiative or on application by the holder\nof a clearing permit, vary a clearing permit if the Board thinks the\nvariation is appropriate, having regard to the following:\n(a) the clearing permit and any conditions of the permit;\n(b) the proposed variation;\n(2) The variation must be given in writing to the holder of a clearing\npermit and include the details of the variation to the permit.\n(3) A clearing permit may be varied more than once under this section.\n(4) A variation under this section cannot extend the clearing period of a\nNote for subsection (4)\nThe clearing period of a clearing permit may be extended under section 91N.\n","sortOrder":125},{"sectionNumber":"91Q","sectionType":"section","heading":"Suspension of clearing permit by Board","content":"91Q Suspension of clearing permit by Board\n(1) The Board may, on its own initiative, suspend a clearing permit if\nthe Board thinks the suspension is appropriate, having regard to:\n(a) the conduct of the holder of the permit in relation to the\noperation of the permit, including the extent to which the\nholder has complied with the conditions of the permit; and\n(b) any special circumstances giving rise to the need for the\nsuspension; and\nExample for subsection (1)(b)\nSpecial circumstances may include an emergency.\n\nPastoral Land Act 1992 76\n(2) The suspension notice must be given in writing to the holder of the\nclearing permit and include the following details:\n(a) the reason for the suspension;\n(b) the period of the suspension.\n(3) Before the end of the suspension period, the Board may, by written\nnotice given to the holder of the clearing permit:\n(a) extend the suspension period; or\n(b) revoke the clearing permit under section 91R; or\n(c) reinstate the clearing permit.\n(4) A clearing permit may be suspended more than once under this\n","sortOrder":126},{"sectionNumber":"91R","sectionType":"section","heading":"Revocation of clearing permit by Board","content":"91R Revocation of clearing permit by Board\n(1) If the Board considers, on its own initiative, that a clearing permit\nshould be revoked, the Board must, by written notice to the holder\nof the clearing permit, give the holder of the permit the opportunity\nto give reasons to the Board why the permit should not be revoked.\n(2) The notice under subsection (1) must specify:\n(a) a reasonable time by which the holder of the clearing permit\nmust provide the reasons; and\n(b) if the notice has been given because the Board considers the\nholder of the clearing permit has not complied with the permit:\n(i) details of the non-compliance; and\n(ii) if the non-compliance can be remedied – that the holder\nof the permit must take specified actions to remedy the\nnon-compliance within a reasonable period as specified\nin the notice.\n(3) After the expiry of the response time specified in the notice, the\nBoard may revoke the clearing permit if the Board considers it\nappropriate, having regard to:\n(a) whether or not the holder of the permit has taken appropriate\nactions that will remedy the non-compliance, including any\nactions mentioned in subsection (2)(b)(ii); and\n\nPastoral Land Act 1992 77\n(b) any reasons given by the holder of the permit under\nsubsection (1); and\n(4) If the Board revokes the clearing permit, the Board must lodge with\nthe Registrar-General the required number of copies of the written\nnotice of revocation for registration.\n(5) On registration by the Registrar-General of the written notice of\nrevocation, the clearing permit ceases to have effect.\n","sortOrder":127},{"sectionNumber":"91S","sectionType":"section","heading":"Suspension or revocation of clearing permit – on application","content":"91S Suspension or revocation of clearing permit – on application\nby holder of clearing permit\n(1) The holder of a clearing permit may apply to the Board for:\n(a) the suspension of the permit for a specified period; or\n(b) the revocation of the permit.\n(2) The application must be made in the form approved by the Board.\n(a) any special circumstances giving rise to the need for the\nsuspension or revocation; and\n(b) any other matter the Board considers relevant.\nExample for subsection (3)(a)\nSpecial circumstances may include an emergency.\n(a) approving the application by suspending or revoking the\nclearing permit; or\n(5) A clearing permit may be suspended more than once under this\n(6) If the Board revokes the clearing permit, the Board must lodge with\nthe Registrar-General the required number of copies of the written\nnotice of revocation for registration.\n(7) On registration by the Registrar-General of the written notice of\nrevocation, the clearing permit ceases to have effect.\n\nPastoral Land Act 1992 78\n","sortOrder":128},{"sectionNumber":"91T","sectionType":"section","heading":"Stop work direction","content":"91T Stop work direction\n(1) The Board may give a person a notice directing the person to stop\nclearing land if the Board believes on reasonable grounds that the\nclearing has contravened, is contravening or will contravene:\n(a) a condition of a clearing permit; or\n(b) a provision of this Act.\n(2) The stop work direction must be in writing and specify:\n(a) the clearing and the land that the direction applies to; and\n(b) that the direction remains in force until revoked by the Board.\n(3) The Board may do any of the following:\n(a) revoke a stop work direction;\n(b) vary a stop work direction.\n","sortOrder":129},{"sectionNumber":"91U","sectionType":"section","heading":"Offence about stop work direction","content":"91U Offence about stop work direction\n(a) a stop work direction under section 91T is given to the person;\nand\n(b) the person engages in conduct; and\n(c) the conduct results in a contravention of the direction and the\nperson is reckless in relation to that result.\n\nPastoral Land Act 1992 79\n","sortOrder":130},{"sectionNumber":"91V","sectionType":"section","heading":"Rehabilitation direction","content":"91V Rehabilitation direction\n(1) The Board may direct, by written notice, a person to rehabilitate\nland (a rehabilitation direction) if the Board believes on\nreasonable grounds that:\n(a) clearing land by the person resulted in substantial degradation\nof the land; or\n(b) clearing was contrary to the clearing permit or this Act.\n(2) The rehabilitation direction may:\n(a) require the person:\n(i) to prepare a rehabilitation plan for the land for the\nperson to implement; and\n(ii) to submit the rehabilitation plan to the Board for\napproval within a specified period; or\n(b) specify that the Board has prepared a rehabilitation plan for\nthe land which the person must implement.\n(3) After receiving a rehabilitation plan from a person under\nsubsection (2)(a) for approval, the Board must:\n(a) if the Board considers the plan is adequate – approve the plan\nby written notice given to the person within 14 days of making\nthe decision; or\n(b) if the Board does not consider the plan is adequate – return\nthe plan by written notice given to the person for amendment\nas directed by the Board within 14 days of making the\ndecision.\n(4) A person must implement:\n(a) the rehabilitation plan prepared by the Board under\nsubsection (2)(b); or\n(b) the rehabilitation plan approved by the Board under\nsubsection (3)(a).\n(5) If a rehabilitation plan requires the person to do a specified act\nwithin a specified period and the person fails to do the act within\nthat period, the Board may authorise, in writing, a person to:\n(a) enter the land the subject of a rehabilitation plan, with or\nwithout equipment and machinery; and\n\nPastoral Land Act 1992 80\n(b) do the act required to be done.\n(6) The cost to the Territory of work carried out under subsection (5) is\na debt due and payable to the Territory.\n","sortOrder":131},{"sectionNumber":"91W","sectionType":"section","heading":"Board may revoke or vary rehabilitation plan","content":"91W Board may revoke or vary rehabilitation plan\nThe Board may do any of the following:\n(a) vary a rehabilitation plan;\n(b) revoke a rehabilitation plan.\n","sortOrder":132},{"sectionNumber":"91X","sectionType":"section","heading":"Duration of rehabilitation plan","content":"91X Duration of rehabilitation plan\nA rehabilitation plan remains in force until revoked by the Board\nunder section 91W(b).\n","sortOrder":133},{"sectionNumber":"91Y","sectionType":"section","heading":"Registration of rehabilitation plan","content":"91Y Registration of rehabilitation plan\n(1) A rehabilitation plan is a registrable instrument for the Land Title\nAct 2000.\n(2) If the Board approves a rehabilitation plan, the Board may lodge\nwith the Registrar-General details of the plan.\n(3) On lodgement of the details of the rehabilitation plan, the\nrelation to the land subject to the plan and record the particulars in\naccordance with the Land Title Act 2000.\n","sortOrder":134},{"sectionNumber":"91Z","sectionType":"section","heading":"Effect of rehabilitation plan on dealing with lease","content":"91Z Effect of rehabilitation plan on dealing with lease\nIf a rehabilitation plan is registered under section 91Y in relation to\nland held under a pastoral lease, any subsequent dealing with the\nlease is of the lease and the plan unless the dealing specifically\nstates otherwise.\nExamples for section 91Z\nSubsequent dealing with a lease may include a transfer of the lease or an\nassignment of the lease.\n91ZA Offence for contravening rehabilitation direction\n(a) a rehabilitation direction is given to the person under\nsection 91V(1); and\n\nPastoral Land Act 1992 81\n(c) the conduct results in a contravention of the rehabilitation\ndirection and the person is reckless in relation to that result.\n91ZB Offence for contravening rehabilitation plan\n(a) the person is required to implement a rehabilitation plan under\nsection 91V(4); and\n(c) the conduct results in a contravention of the rehabilitation plan\nand the person is reckless in relation to that result.\n","sortOrder":135},{"sectionNumber":"92","sectionType":"section","heading":"Definitions","content":"92 Definitions\n(1) In this Part, unless the contrary intention appears:\napplicant, in relation to an application, means:\n(a) an Aboriginal person:\n(i) who at any time since 1 January 1968 was ordinarily\nresident on land which, at any time since that date, was\n\nPastoral Land Act 1992 82\ncomprised in the pastoral lease to which the application\nrelates or which, together with land that comprises the\npastoral lease, was comprised in another pastoral lease;\nor\n(ii) who otherwise has an historical residential association\nwith the pastoral lease the subject of the application,\nand who can demonstrate a present need for a community\nliving area for himself or herself; or\n(b) where the lessee of the relevant pastoral lease has consented\nin writing to the application being made, any other Aboriginal\nperson.\napplication means an application under section 101.\nChairperson means the Chairperson of the Tribunal, and includes\nthe Deputy Chairperson:\n(a) while the Deputy Chairperson is exercising the powers and\nperforming the functions of the Chairperson, including the\nperformance of a function of the Chairperson in pursuance of\na direction under section 106(1B)(b); or\n(b) in relation to a meeting of the Tribunal at which the Deputy\nChairperson is directed, in pursuance of section 106(1A)(a), to\npreside.\nDeputy Chairperson means the Deputy Chairperson of the\nTribunal.\nparty, in relation to an application, means the applicant or the\nlessee of the pastoral lease to which the application relates.\nrelevant Land Council means the Land Council established under\nthe Aboriginal Land Rights (Northern Territory) Act 1976 of the\nCommonwealth for the area of the Territory in which the land the\nsubject of an application or grant, or to which an agreement under\nsection 113 relates, is situated.\nrelevant pastoral organization, in relation to an application,\nmeans the organisation referred to in section 93(3) and approved\nby the Minister or, where more than one organisation is approved,\nthe organisation so approved as representing the interests of\npastoralists in that part of the Territory in which the land the subject\nof the application or grant is situated.\nTribunal means the Community Living Areas Tribunal continued in\nexistence by section 93 or constituted under this Part.\n\nPastoral Land Act 1992 83\n(2) In relation to an application:\n(a) a reference in this Part to pastoral land, a pastoral lease or\nland comprised in a pastoral lease includes a reference to an\narea which, at the time the application was made, was\ncomprised in a pastoral lease but, before the application was\nfinally disposed of, was converted to or included in a Crown\nlease of another kind and a lessee of the relevant lease into\nwhich the land was converted shall be a party to the\napplication as if he or she were the pastoral lessee at the time\nthe application was made; and\n(b) where the Tribunal has not been constituted in relation to the\napplication before that conversion to or inclusion in the Crown\nlease of another kind or after that conversion or inclusion is\nfor any reason to be constituted with a new member, a\nreference in section 93(2)(b), (4) and (5) to the relevant\npastoral organisation shall be construed as a reference to the\nlessee of that Crown lease,\nand this Part, with the necessary changes, applies accordingly.\n","sortOrder":136},{"sectionNumber":"93","sectionType":"section","heading":"Continuation of Tribunal","content":"93 Continuation of Tribunal\n(1) Subject to this Part, the Tribunal established by the Crown Lands\nAct 1992 as in force before the commencement of this Act\ncontinues in existence under this Act as if established by this\nDivision.\n(2) Subject to subsection (8) and to section 113(3), the Tribunal shall\nconsist of:\n(a) a person who:\n(i) is a lawyer who has been admitted to the legal\nprofession for at least 10 years; and\n(ii) is a Supreme Court Judge or a Local Court Judge or is\npractising as a legal practitioner in the Territory,\nand who is appointed by the Administrator to be the\nChairperson of the Tribunal;\n(ab) one other person who has the qualifications required under\nparagraph (a)(i) and (ii) and who is appointed by the\nAdministrator to be the Deputy Chairperson of the Tribunal;\nand\n\nPastoral Land Act 1992 84\n(b) subject to subsection (5), in respect of each application or\nmatter referred to it, 2 other members appointed by the\nMinister:\n(i) one of whom shall be appointed from a panel of\n3 persons nominated by the relevant Land Council; and\n(ii) one of whom shall be appointed from a panel of\n3 persons nominated by the relevant pastoral\norganisation.\n(3) The Minister shall, by notice in the Gazette, approve an\norganisation that, in the Minister's opinion, represents the interests\nof pastoralists in the Territory or a particular part of the Territory, for\nthe purpose of nominating in pursuance of section 105 the panel\nfor the purposes of subsection (2)(b)(ii).\n(4) A nomination of a panel for the purposes of subsection (2)(b) shall\nbe in writing addressed to the Minister and shall be signed by or on\nbehalf of the relevant Land Council or relevant pastoral\norganisation, as the case may be.\n(5) If a relevant Land Council or relevant pastoral organisation does\nnot, within the period of 30 days after being required under\nsection 105 to do so, nominate a panel of 3 persons of whom one\nis to be appointed to the Tribunal, the Minister shall, as soon as\npracticable after the expiration of the period, either:\n(a) appoint a person he or she thinks fit as a member in place of\nthe member who would otherwise have been appointed from\nthe panel nominated by the Land Council or organisation in\ndefault; or\n(b) decide not to make such an appointment, in which case the\nTribunal shall be lawfully constituted without the appointment\nof that member.\n(6) A person who has a direct personal interest in the land the subject\nof an application or reference for consideration by the Tribunal, or\nin the outcome of the Tribunal's consideration of the application or\nreference, shall not be nominated, or be qualified to hold office, as\na member of the Tribunal in relation to that application or reference.\n(7) The Tribunal is a statutory body within the meaning and for the\npurposes of the Assembly Members and Statutory Officers\n(Remuneration and Other Entitlements) Act 2006.\n\nPastoral Land Act 1992 85\n(8) The Tribunal may, in the Chairperson's discretion, be constituted by\nthe Chairperson or the Deputy Chairperson alone for the purposes\nof the Tribunal:\n(a) giving directions in any matter within its jurisdiction (including\ngeneral practice directions by the Chairperson and directions\nin relation to a particular matter); or\n(b) performing its functions or exercising its powers under\nsection 106(4), (5) or (6).\n","sortOrder":137},{"sectionNumber":"94","sectionType":"section","heading":"Term of office","content":"94 Term of office\nA member of the Tribunal appointed under section 93(2)(b)\nor (5)(a), or for the purpose of a reference under section 113(3), or\nunder section 28A(3) of the Lands Acquisition Act 1978, holds\noffice as a member until the Tribunal makes its recommendation on\nthe relevant application or reference to the Minister in accordance\nwith section 108 or 114(5) or until the member sooner resigns his or\nher office as a member, his or her appointment is terminated or he\nor she acquires an interest of a kind referred to in section 93(6) but,\nsubject to this Part, he or she is eligible to be re-appointed as a\nmember of the Tribunal.\n","sortOrder":138},{"sectionNumber":"95","sectionType":"section","heading":"Resignation of members","content":"95 Resignation of members\n(1) A member of the Tribunal appointed under section 93(2)(b)\nor (5)(a), or for the purpose of a reference under section 114(3) or\nunder section 28A(3) of the Lands Acquisition Act 1978 may, in\nwriting delivered to the Minister, resign his or her office as a\nmember.\n(2) The Chairperson or Deputy Chairperson of the Tribunal may, in\nwriting delivered to the Administrator, resign his or her office.\n","sortOrder":139},{"sectionNumber":"96","sectionType":"section","heading":"Termination of appointment","content":"96 Termination of appointment\nThe Minister may, on the recommendation of the Chairperson,\nterminate the appointment of a member of the Tribunal appointed\nunder section 93(2)(b) or (5)(a), or for the purpose of a reference\nunder section 114(3) or under section 28A(3) of the Lands\nAcquisition Act 1978 for inefficiency, misbehaviour or physical or\nmental incapacity or when, because of illness, absence from the\nTerritory or any other reason the member is unable conveniently to\nperform the duties of his or her office.\n\nPastoral Land Act 1992 86\n","sortOrder":140},{"sectionNumber":"97","sectionType":"section","heading":"Consideration of application where member ceases to hold","content":"97 Consideration of application where member ceases to hold\noffice\nWhere a member of the Tribunal, other than the Chairperson or\nDeputy Chairperson, ceases to hold office by reason of his or\nher death, resignation, termination of appointment or, by virtue of\nsection 93(6), ceasing to be qualified to hold office as a member,\nthe vacancy shall be filled in the same manner as the appointment\nof the vacating member unless the Chairperson has advised the\nMinister, in writing, that, in the opinion of the Chairperson, an\ninjustice to a party is likely to arise by reason of the consideration of\nan application or reference being continued by the Tribunal\nconstituted with a new member.\n","sortOrder":141},{"sectionNumber":"98","sectionType":"section","heading":"Functions and powers of Tribunal","content":"98 Functions and powers of Tribunal\n(1) The functions of the Tribunal are:\n(a) on an application being referred to it:\n(i) to determine whether the applicant is entitled to make\nthe application; and\n(ii) where it is satisfied that the applicant is so entitled:\n(A) to consider the application; and\n(B) to make recommendations as soon as practicable\nto the Minister as to whether the land the subject of\nthe application, or any other land that is part of the\npastoral lease to which the application relates in\nsubstitution for that land or part of that land, should\nbe acquired by the Territory and granted or\ntransferred in fee simple for the benefit of the\napplicant; and\n(b) such other functions as are imposed on it by or under this Act.\n(2) Subject to this Part, the Tribunal has such powers as are necessary\nto enable it to carry out its functions.\n","sortOrder":142},{"sectionNumber":"99","sectionType":"section","heading":"Absence of submission of party","content":"99 Absence of submission of party\n(1) Subject to subsection (2), the Tribunal may proceed to consider an\napplication referred to it notwithstanding that it has not received\nwritten submissions from a party.\n(2) The Tribunal shall not consider an application in circumstances\ndescribed in subsection (1) unless it has given reasonable notice to\nthe party of its intention to do so.\n\nPastoral Land Act 1992 87\n","sortOrder":143},{"sectionNumber":"100","sectionType":"section","heading":"Land Council may act for Aboriginal person","content":"100 Land Council may act for Aboriginal person\n(1) At the request in writing of a party to an application or an Aboriginal\nperson who wishes to make an application, a person (including the\nrelevant Land Council in the case of a request by an Aboriginal\nperson) may represent the party or Aboriginal person in relation to\nthe application or a reference to the Tribunal.\n(2) A person representing a party or Aboriginal person in pursuance of\na request under subsection (1) shall attach a copy of the writing\nreferred to in that subsection on first making an application or\nlodging a written submission with the Minister or, as the case may\nbe, the Tribunal.\n","sortOrder":144},{"sectionNumber":"101","sectionType":"section","heading":"Application for grant of living area","content":"101 Application for grant of living area\n(1) Subject to subsections (2) and (3), an applicant, on his or her own\nbehalf or on behalf of the applicant and other Aboriginal persons\nwho, if they themselves had applied, would also be qualified as\napplicants, may apply to the Minister for the excision from the\npastoral lease to which the application relates of an area of land\nspecified in the application and the grant of an estate in fee simple\nin that land for the benefit of the applicant, or the applicant and\nthose Aboriginal persons, as a community living area.\n(2) An Aboriginal person is not, or would not be, qualified as an\napplicant for the purposes of subsection (1) in respect of an area of\nland all or any part of which is within 2 kilometres of a homestead\nunless:\n(a) he or she, at the time of making the application or being\nincluded amongst those on whose behalf the application was\nmade, as the case may be, was entitled under section 38(4) to\nreside within 2 kilometres of the homestead; or\n(b) not being so entitled but being a person referred to in\nparagraph (a)(i) of the definition of applicant in section 92 in\nrelation to the pastoral lease, he or she has the written\nconsent of the owner of the pastoral lease to make the\napplication or to be included amongst those on whose behalf\nit is made.\n(3) Subject to subsection (4), except as agreed between the parties, an\napplication shall not be considered before the expiration of\n6 months after the date the application was made to the Minister or\nbefore the expiration of such further period as agreed between the\nparties.\n\nPastoral Land Act 1992 88\n(4) Where, after making an application under subsection (1), an\napplicant has requested the lessee of a pastoral lease to negotiate\nfor the surrender of an area of land comprised in the pastoral lease\nas a living area for the applicant or the applicant and other similarly\nqualified Aboriginal persons and, within 3 months after the request,\nthe lessee has failed to agree to the negotiations taking place, an\napplication under subsection (1) shall be considered by the Minister\nat any time after the expiration of the period.\n","sortOrder":145},{"sectionNumber":"102","sectionType":"section","heading":"Form of application","content":"102 Form of application\n(1) An application shall:\n(a) be in writing; and\n(b) identify the Aboriginal person or Aboriginal persons who are\nmaking the application or on whose behalf the application is\n(c) state the basis on which the application is made having regard\nto the criteria set out in the definition of applicant in\nsection 92, and have attached supporting documentary\nevidence for the statement; and\n(d) identify the pastoral lease to which it relates and the lessee of\nthe pastoral lease; and\n(e) contain a reasonably accurate description of the land the\nsubject of the application sufficient to identify its proposed\nboundaries together with a detailed map to sufficiently identify\nthe land in relation to surrounding areas; and\n(f) if discussions have been held between the parties to the\nproposed application before the application was made,\ncontain a summary of, and an assessment of the outcome of,\nthe discussions; and\n(g) if made with the agreement of the lessee of the pastoral lease\nto which the application relates, be accompanied by a copy of\nthe agreement.\n(2) A copy of an application shall, as soon as practicable after it is\nmade, be served by the applicant on:\n(a) the other parties to the application or their agents; and\n(b) such other persons, if any, on whom the Minister requires it to\nbe served,\n\nPastoral Land Act 1992 89\nand any person served pursuant to this subsection may, within the\nperiod referred to in section 101(3), make written submissions to\nthe Minister in relation to the application.\n","sortOrder":146},{"sectionNumber":"103","sectionType":"section","heading":"Service on lessee","content":"103 Service on lessee\nService under section 102(2)(a) of a copy of an application on the\nlessee of a pastoral lease may be effected by post or by personal\nservice on the lessee or by personal service on the manager or\nother person apparently in charge of, and resident on, the pastoral\n","sortOrder":147},{"sectionNumber":"104","sectionType":"section","heading":"Minister to consider application","content":"104 Minister to consider application\n(1) Subject to this section the Minister shall, within 90 days after the\nexpiration of the relevant period referred to in section 101(3) or (4),\napprove the application or refer it to the Tribunal together with any\nsubmissions received and such information, if any, as he or she\nthinks fit.\n(2) The Minister may, by notice in writing, at any time within the period\nof 90 days referred to in subsection (1), require a party to an\napplication to furnish to the Minister, in writing, such information or\nmaterial (including a summary of, and an assessment of the\noutcome of, any discussions held between the parties to an\napplication after the application was made) as is specified in the\nnotice, within the time so specified.\n(3) Where a notice is given under subsection (2), the period of 90 days\nreferred to in subsection (1) shall be extended by such period:\n(a) as is specified in the notice as being the period within which a\nparty is to comply with the Minister's requirements or within\nsuch extended period as is agreed by the applicant with the\nMinister; or\n(b) as is actually taken by a party to comply with the Minister's\nrequirements under the notice,\nwhichever is shorter, but if a party fails to comply with the Minister's\nrequirements within the time specified or extended under\nparagraph (a), the Minister shall consider the application without\nthe information or material requested.\n(4) The Minister shall, as soon as practicable after approving an\napplication or referring it to the Tribunal, by notice in writing, advise\nthe parties to the application and any person served with a copy of\nthe application under section 102(2)(b) of the decision or action\ntaken.\n\nPastoral Land Act 1992 90\n","sortOrder":148},{"sectionNumber":"105","sectionType":"section","heading":"Tribunal to consider application referred by Minister","content":"105 Tribunal to consider application referred by Minister\nThe Minister shall, as soon as practicable, but not later than\n28 days, after referring to the Tribunal an application and as soon\nas practicable after the occasion for the appointment of a member\nof the Tribunal arises, by notice in writing to the relevant Land\nCouncil and relevant pastoral organisation, require each to\nnominate a panel of 3 persons for the purpose of constituting,\nunder section 93, the Tribunal for the purpose of considering and\nmaking recommendations to the Minister in relation to the\napplication, and forward a copy of the notice to the Chairperson.\n","sortOrder":149},{"sectionNumber":"105A","sectionType":"section","heading":"Minister may withdraw referral","content":"105A Minister may withdraw referral\n(1) At any time after an application is referred to the Tribunal by the\nMinister and before a recommendation under section 108 or 109 is\nmade by the Tribunal, the Minister may, by notice in writing to the\nTribunal, for the purpose only of approving the application in whole\nor, with the consent of the parties, in part, withdraw the matter from\nthe Tribunal.\n(2) The Minister shall, within 30 days after withdrawing a matter under\nsubsection (1), approve the application in whole or in part, as the\ncase may be, and section 104(4) and Division 4 shall apply as if the\napproval were the approval under section 104(1) of the application\nor the application as so modified.\n","sortOrder":150},{"sectionNumber":"106","sectionType":"section","heading":"Meetings of Tribunal and procedure","content":"106 Meetings of Tribunal and procedure\n(1) In its consideration of an application or reference under this or any\nother Act, the Tribunal (except as provided in subsection (7) or\nsection 107, or in such exceptional circumstances as the\nChairperson allows) shall not consider any matter other than that\ncontained in written submissions or material before it.\n(1A) A meeting of the Tribunal to consider an application or reference\nreferred to in subsection (1) shall comprise:\n(a) at the discretion of the Chairperson, the Chairperson or\nDeputy Chairperson; and\n(b) the relevant members appointed under section 93(2)(b).\n(1B) Nothing in this Act prevents:\n(a) the Tribunal from conducting at the same time 2 meetings,\none presided over by the Chairperson and the other by the\nDeputy Chairperson, to consider separate applications or\nreferences; or\n\nPastoral Land Act 1992 91\n(b) the Deputy Chairperson performing a function of the\nChairperson, as directed, in relation to an application at any\ntime before, during or after a meeting of the Tribunal to\nconsider the application (and the Chairperson may give such\na direction).\n(1C) Where the Chairperson is absent or, for any reason, the\nChairperson is unable to perform his or her functions under this\nPart or there is a vacancy in the office of Chairperson, the Deputy\nChairperson has all the powers and may perform all the functions\nof the Chairperson.\n(2) The convening of meetings of the Tribunal and the procedures at\nthose meetings are, subject to this Act, in the discretion of the\nChairperson.\n(3) A person who has been advised pursuant to section 104(4) that an\napplication has been referred to the Tribunal may make written\nsubmissions to the Tribunal in relation to the application.\n(4) The Tribunal may, by notice in writing, require a party to an\napplication referred to it to furnish to the Tribunal such information\n(including the answers, in writing, to questions put by the Tribunal)\nor material as is specified in the notice, within the time specified in\nthe notice.\n(5) The Tribunal may request a person having relevant knowledge,\nexperience or expertise to supply, on such terms as agreed, such\ninformation or material as the Tribunal thinks will assist it in\nconsidering the application or reference before it.\n(6) If the Tribunal receives submissions, information, or material\npursuant to subsection (3) or, as the case may be, subsections (4)\nor (5), it shall supply a copy to:\n(a) where the submissions, information or material was received\nfrom a party to the application – the other party to the\napplication; and\n(b) where the submissions, information or material was received\nfrom a person who was not a party – the parties to the\napplication,\nand the party or those parties may, within 28 days after receiving\nthe copy, make submissions in writing to the Tribunal in relation to\nthe submissions, information or material.\n(7) For the purposes only of assisting the Tribunal in its consideration\nof an application, the Chairperson may order a view of the land the\nsubject of the pastoral lease to which the application relates and\n\nPastoral Land Act 1992 92\nthe Tribunal may, in the course of the view, take oral evidence in\nexplanation of the subject of the view, provided it is relevant to a\nmatter referred to in section 109(1)(a) or (b).\n(8) Notwithstanding any law in force in the Territory, after reasonable\nnotice in writing has been given to the lessee of the pastoral lease\nthe land the subject of which a view has been ordered under\nsubsection (7), the Tribunal and such other persons as are\nspecified in the notice may enter on and remain on the pastoral\nland, together with such vehicles and equipment as are necessary,\nand view the land.\n","sortOrder":151},{"sectionNumber":"107","sectionType":"section","heading":"Tribunal may require compulsory conference","content":"107 Tribunal may require compulsory conference\n(1) The Tribunal may, by notice in writing to the parties to an\napplication, require them to attend a compulsory conference before\nthe Tribunal or a person nominated by the Tribunal and at a time\nand place specified in the notice, to discuss the application with a\nview to resolving the differences of the parties in relation to it.\n(2) If a party refuses or fails to attend a conference in accordance with\na notice under subsection (1), the Tribunal may:\n(a) if the party is the applicant – refuse to consider the application\nfurther until the party attends such a conference; or\n(b) if the party is not the applicant – proceed to consider the\napplication and make such recommendations as it thinks fit.\n","sortOrder":152},{"sectionNumber":"108","sectionType":"section","heading":"Recommendation, &c., to Minister after agreement","content":"108 Recommendation, &c., to Minister after agreement\n(1) If, after considering an application referred to it, the Tribunal is\nsatisfied that the parties have reached agreement on all matters\nrelevant to the application, it shall recommend to the Minister the\nexcision from the pastoral lease of the land agreed between the\nparties to be excised and the granting of an estate in fee simple in\nthe land as a community living area for the Aboriginal person or\nAboriginal persons for whose benefit the application was made, or\nany of them.\n(2) When making a recommendation under subsection (1), the\nTribunal shall comment on the matters referred to in\nsection 109(1)(b)(ix), and such other matters in section 109(1)(b)(i)\nto (x) on which the Minister requires it to comment.\n\nPastoral Land Act 1992 93\n","sortOrder":153},{"sectionNumber":"109","sectionType":"section","heading":"Recommendation, &c., to Minister in other cases","content":"109 Recommendation, &c., to Minister in other cases\n(1) If, after considering an application referred to it (other than an\napplication considered under section 108), the Tribunal:\n(a) is satisfied that:\n(ii) the excision of the area of land the subject of the\napplication, or another area in substitution for the land or\npart of the land, will not unreasonably reduce the\neconomic viability of the relevant pastoral lease; and\n(b) has had regard to:\n(i) the length of time during which the applicant has or had,\nor those Aboriginal persons for whose benefit the\napplication was made have, or a particular Aboriginal\nperson has or had, resided on the area or another part\nof the pastoral lease, and the likely benefit to the\napplicant or those Aboriginal persons, or any of them, of\nthe granting of an estate in fee simple in the area as a\ncommunity living area, and the acceptability to the\napplicant of another area in substitution for the area\napplied for; and\n(ii) the reasonableness of the size of the area applied for,\ntaking into account the number of people who reside or\nintend to reside on the community living area, and any\nestimates of population growth or decrease; and\n(iii) the likely effect of the use of the proposed community\nliving area on the privacy of others residing on the\npastoral lease or neighbouring areas; and\n(iv) the provisions, if any, that should be made for\nreasonable access to the area, or across the area to\nparts of the pastoral lease from which, if it is\nrecommended, the area should be excised; and\n(v) the need for and probable cost of providing services,\nincluding the provision of water and electricity, and\nreasonable access to the area, and the availability of or\nthe potential to locate potable ground water; and\n(vi) the number and size of areas already granted or sought\nunder this Act or any other law in force in the Territory\nfor the applicant or those Aboriginal persons for whose\nbenefit the application was made or any of them or on\nwhich they reside, or which are available for occupation\nby them; and\n\nPastoral Land Act 1992 94\n(vii) the number and size of areas of land claimed under a\nlaw in force in the Territory or of a State or other\nTerritory of the Commonwealth as Aboriginal land (by\nwhatever name called) on which the applicant or those\nAboriginal persons for whose benefit the application was\nmade, or any of them, would be entitled to reside if the\nclaim were successful, and the stage of proceedings\nreached in relation to such claims, but where the grant\nof land under that law is to be made on the\nrecommendation of a person or body, the Tribunal shall\nonly have regard to the land actually granted or in\nrespect of which such a recommendation for grant has\nbeen made; and\n(viii) the degree to which the economic viability of the\npastoral lease would be affected by the excision of the\narea; and\n(ix) whether the applicant or the Aboriginal persons for\nwhose benefit the application was made have adequate\nhousing circumstances or have available to them land\non which housing might be provided; and\n(x) any agreement reached between the parties to the\napplication in relation to the issues between them,\nit shall recommend to the Minister that:\n(c) there be excised from the pastoral lease the land to which the\napplication relates or any other land that is part of the pastoral\nlease in substitution for that land or part of that land as an\nAboriginal community living area; or\n(d) that no such excision be made.\n(2) In making its recommendation under subsection (1) the Tribunal\nshall comment on the matters to which it has had regard.\n(3) At the time of making its recommendation under subsection (1), the\nTribunal shall send a copy of the recommendation and its\ncomments under subsection (2) to the parties to the application.\n","sortOrder":154},{"sectionNumber":"110","sectionType":"section","heading":"Discretion of Minister in relation to recommendations","content":"110 Discretion of Minister in relation to recommendations\n(1) The Minister shall, within 28 days after receiving it (and having\nregard to such matters as the Minister thinks fit but in any event\nhaving regard to the Tribunal's comment on the matters referred to\nin section 109(1)(b)(ix)), accept in whole or in part the\nrecommendation made under section 108(1) or section 109(1), or\nreject it.\n\nDivision 4 Formation of association and acquisition of land\nPastoral Land Act 1992 95\n(2) As soon as practicable, but not later than 28 days, after making a\ndecision under subsection (1), the Minister shall, by notice in writing\nto the parties to the application as a result of which the\nrecommendation of the Tribunal was made and such other persons\nas the Minister thinks fit, advise them of the decision and his or her\nreasons for the decision.\nDivision 4 Formation of association and acquisition of land\n","sortOrder":155},{"sectionNumber":"111","sectionType":"section","heading":"Formation of association and acquisition of land","content":"111 Formation of association and acquisition of land\n(1) Where the Minister:\n(a) approves under section 104(1) an application;\n(b) accepts a recommendation under section 108(1); or\n(c) accepts in whole or in part a recommendation under\nsection 109(1)(c),\nthe successful applicant or applicants shall, for the purposes of a\ngrant of an estate in fee simple in the relevant land by\nsection 46(1A) of the Lands Acquisition Act 1978:\n(d) form an association of Aboriginal persons and incorporate it\nunder the Associations Act 2003 or the Corporations\n(Aboriginal and Torres Strait Islander) Act 2006 (Cth); or\n(e) approve an association already incorporated under either of\nthe Acts specified in paragraph (d), being an association\nwhich, at the time of the approval, does not hold and is not\nintended to hold, other land as an Aboriginal community living\narea under this Part,\nto hold the land.\n(2) The Minister shall, on being advised of the formation and\nincorporation of an association referred to in subsection (1)(d) or of\nthe approval of an association referred to in subsection (1)(e),\nadvise the minister responsible for the administration of the Lands\nAcquisition Act 1978 of that fact and of the name of the association\nand a description of the relevant land, and that minister shall, within\n30 days after receiving the advice, commence action under that Act\nto acquire the relevant land (including, where necessary, an\neasement for reasonable access to the land), except that the\npre-acquisition procedures otherwise required under Part IV of that\nAct to be followed shall not apply to or in relation to the acquisition.\n\nPastoral Land Act 1992 96\n","sortOrder":156},{"sectionNumber":"113","sectionType":"section","heading":"Access to certain areas of Aboriginal land","content":"113 Access to certain areas of Aboriginal land\n(1) Where there is no practical way of gaining access to an area of\nAboriginal land described in Part 2 or 3 of Schedule 1 of the\nAboriginal Land Rights (Northern Territory) Act 1976 of the\nCommonwealth otherwise than by crossing over a pastoral lease, a\nperson is entitled, for the purpose of gaining access to the area, to\ncross over the pastoral lease by:\n(a) a route that has been agreed on between each person (in this\nsection called the lessee) having an estate or interest in the\npastoral lease and the relevant Land Council; or\n(b) if no agreement has been reached in respect of such a\nroute – a route determined by the Tribunal.\n(2) A person having a right of access to Aboriginal land referred to in\nsubsection (1) may, in writing, apply to the Tribunal for the Tribunal\nto determine a route for the purposes of this section and in the\napplication the person shall indicate the steps he or she has taken\nin an effort to agree on a route with the lessee of the relevant\npastoral lease and the results of the effort.\n(3) For the purposes of this section, the Tribunal shall be constituted\nby the Chairperson alone who, subject to subsection (4), shall act\nas an arbitrator in the matter in such manner as he or she thinks fit.\n(4) In making a determination under subsection (1)(b), the Tribunal\nshall as far as possible try to ensure that, while the route provides\nreasonable access to the Aboriginal land, it does not unduly\ninterfere with a lessee's legitimate use or enjoyment of the land\nover which it passes.\n(5) A route that may be used, by virtue of an agreement or\ndetermination under subsection (1), to gain access to an area of\nAboriginal land referred to in that subsection is not to be taken to\nbe a route on or over which the public has a right of way.\n","sortOrder":157},{"sectionNumber":"114","sectionType":"section","heading":"Resumption of abandoned Aboriginal community living areas","content":"114 Resumption of abandoned Aboriginal community living areas\n(1) In this section, abandoned, in relation to an Aboriginal community\nliving area granted by section 46(1A) of the Lands Acquisition\nAct 1978, means the case where neither the applicant nor any of\nthe Aboriginal persons for whose benefit the grant of land was\nmade, or any of the members from time to time of the association\nto which the land was granted, have occupied the land as their\nprincipal place of residence during the 5 year period before an\n\nPastoral Land Act 1992 97\napplication is made under subsection (2).\n(2) The lessee of a pastoral lease or a Crown lease of another kind\nadjacent to an abandoned Aboriginal community living area may\napply to the Minister to have the land comprising the abandoned\ncommunity living area incorporated in his or her lease.\n(3) On receipt of an application under subsection (2), the Minister shall\nrefer it to the Tribunal for the purpose of considering the\napplication, and the Tribunal may call for submissions in writing to\nbe made to it:\n(a) by any person interested in the matter; and\n(b) by the relevant Land Council.\n(4) In considering a reference under subsection (3), the Tribunal shall\ntake into account:\n(a) the length of time the community living area has been\nabandoned;\n(b) the apparent reason for abandonment;\n(c) the number and age grouping of Aboriginal persons, if any,\neligible to live on the community living area;\n(d) the history of occupation of the community living area since it\nwas granted to the association;\n(e) the cost and method of calculating the cost to the Territory of\nacquiring the community living area on just terms; and\n(f) such other matters as the Tribunal thinks relevant, including\nthe submissions made to it under subsection (3).\n(5) After considering a reference under this section, the Tribunal shall\nrecommend a course of action to be taken by the Minister in\nrelation to the abandoned community living area and shall give\nnotice of its recommendations to the association to which the land\nwas granted and to all persons who made submissions to it\npursuant to subsection (3).\n\nPart 10 Objections relating to value of improvements\nPastoral Land Act 1992 98\nPart 9 Review of decisions\n117 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 2.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 2 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\n(4) An application under subsection (3) must be made within 28 days\nafter the day on which the affected person was notified of the\nreviewable decision.\n(5) On an application under subsection (3) for review of a decision of\nthe Minister or Valuer-General on an objection under\nsection 121(3), the applicant's case is limited to the grounds that\nwere specified in the applicant's objection.\nNote for section 117\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":158},{"sectionNumber":"Part 10","sectionType":"part","heading":"Objections relating to value of improvements","content":"Part 10 Objections relating to value of improvements\n","sortOrder":159},{"sectionNumber":"121","sectionType":"section","heading":"Objections","content":"121 Objections\n(1) Where the Minister or the Valuer-General gives to a person a\nnotice of a determination of the value of improvements on pastoral\nland, the person may, within the prescribed period after receiving\nthe notice or within such extended period as the Minister or the\nValuer-General, as the case may be, allows, send by post to, or\nlodge with, the Minister or the Valuer-General, as the case may be,\nat his or her office, an objection to the determination specifying the\ngrounds of objection.\n(2) For the purposes of subsection (1), the prescribed period is:\n(a) in the case of a determination for the purposes of assessing\ncompensation – 6 months; and\n(b) in any other case – 28 days.\n\nPastoral Land Act 1992 99\n(3) The Minister or the Valuer-General shall, within 28 days after\nreceiving an objection, consider the objection and may disallow it or\nallow it in whole or in part and shall as soon as possible give to the\nobjector written notice of his or her decision on the objection.\n","sortOrder":160},{"sectionNumber":"122","sectionType":"section","heading":"Validity of determinations","content":"122 Validity of determinations\nThe validity of a determination referred to in section 121(1) is not\naffected by:\n(a) a failure to give notice of the determination; or\n(b) the lodging of an objection to the determination; or\n(c) a failure to give notice of a decision on an objection to the\ndetermination; or\n(d) the making of an application to NTCAT under section 117(3)\nfor review of a decision on an objection to the determination.\n","sortOrder":161},{"sectionNumber":"123","sectionType":"section","heading":"Effect of notice forfeiting lease","content":"123 Effect of notice forfeiting lease\n(1) A notice published in the Gazette in pursuance of section 35(10)\nor 40(6) forfeiting a lease:\n(a) has the same effect as a re-entry and recovery of possession\nby or on behalf of the Territory; and\n(b) is conclusive evidence that the lease to which the notice\nrelates has been forfeited.\n(2) The Minister shall lodge with the Registrar-General a copy of each\nnotice of the forfeiture of a lease referred to in subsection (1).\n","sortOrder":162},{"sectionNumber":"124","sectionType":"section","heading":"Certain debts a charge on pastoral land","content":"124 Certain debts a charge on pastoral land\n(1) An amount due and payable under section 42, 59 or 76(5) is an\noverriding statutory charge, within the meaning of the Land Title\nAct 2000, on the pastoral land to which it relates.\n(2) In subsection (1) amount includes the interest, if any, accrued on\nthe amount as prescribed.\n\nPastoral Land Act 1992 100\n","sortOrder":163},{"sectionNumber":"125","sectionType":"section","heading":"Service of notices, &c.","content":"125 Service of notices, &c.\n(1) Except where otherwise provided in this Act, a notice required by\nthis Act to be given to a person may be delivered personally to the\nperson or sent by post, addressed:\n(a) in the case of an individual – to the person's last-known place\nof business or residence; and\n(b) in the case of a corporation – to its registered office in the\nTerritory or otherwise as provided by the Corporations\nAct 2001.\n(2) A notice under this Act or arising out of a breach of this Act or a\ncondition of a lease under this Act may, in the case of a corporation\nwithout a registered office in the Territory, be served by affixing a\ncopy of the notice on a conspicuous part of the land.\n","sortOrder":164},{"sectionNumber":"126","sectionType":"section","heading":"Onus of proof","content":"126 Onus of proof\nIn an action, suit, or proceeding under this Act:\n(a) an averment that land is Crown land, or reserved or dedicated\nland, or land held under lease, or occupied under licence or\nagreement, or that a person is authorised to take proceedings,\nto do an act or perform a duty, or sue for the recovery of a\npenalty or other money under this Act, is prima facie evidence\nof the fact;\n(b) if a question arises as to whether the defendant was\nauthorised to do the act complained of, proof of that fact lies\nwith the defendant; and\n(c) all licences, certificates, maps, plans and copies thereof,\npurporting to be certified as true under the hand of the\nSurveyor-General shall, in all matters relating to the action,\nsuit or proceeding, be sufficient evidence without production\nof original records, and without the personal attendance of the\nSurveyor-General or proof of his or her signature.\n","sortOrder":165},{"sectionNumber":"127","sectionType":"section","heading":"Compensation and liability","content":"127 Compensation and liability\nExcept as provided by this Act, the Territory is not liable to pay\ncompensation to a person as a result of the operation of this Act or\nof the due exercise of a power, function, authority or discretion\nconferred by this Act unless, in a particular case, an acquisition of\nproperty within the meaning of section 50 of the Northern Territory\n(Self-Government) Act 1978 of the Commonwealth, in which case\nthe acquisition shall be on just terms.\n\nPastoral Land Act 1992 101\n","sortOrder":166},{"sectionNumber":"128","sectionType":"section","heading":"Regulations","content":"128 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act,\nand in particular:\n(c) for prescribing matters for the regulation of persons holding\nlicences under this Act;\n(d) relating to the issuing of guidelines in respect of, and the\nconsent of the Board for, the clearing of pastoral land;\n(e) relating to applications for the right to the grant of a pastoral\nlease and the publication of the results of invitations for such\napplications;\n(f) for prescribing records to be kept by lessees of pastoral land;\n(g) for prescribing the grounds for the determination by the\nMinister of licences under this Act and the manner of their\ndetermination;\n(h) providing for interest to be payable, and the rate and method\nof calculating interest, on amounts due and payable under this\nAct, but unpaid, to the Territory;\n(j) for prescribing maximum penalties of 40 penalty units for\noffences against the Regulations;\n(k) for prescribing criteria to be applied in assessing the condition\nof land for the purposes of this Act and the procedures in\nrelation to such assessments;\n(m) for regulating persons on pastoral land in pursuance of Part 6\nor on or in perennial natural waters referred to in\nsection 79(1), and relating to wilful or negligent damage or\ndegradation caused by such persons (including restoration\nand the payment of compensation);\n(n) for prescribing standard forms to be used for the purposes of\nthis Act; and\n\nPastoral Land Act 1992 102\n(p) for prescribing standard provisions that shall be implied in\nleases and other instruments, short forms of provisions of\nleases and other instruments and definitions of words and\nexpressions used in leases and other instruments.\n","sortOrder":167},{"sectionNumber":"129","sectionType":"section","heading":"Term pastoral leases to continue","content":"129 Term pastoral leases to continue\nA pastoral lease for a term of years, or a pastoral homestead lease,\nin existence immediately before the commencement of this Act\nshall, subject to section 130, continue in existence under this Act\nafter the commencement as if granted under this Act for the\nunexpired period of its term and is subject not only to the\nreservations and conditions applicable to it under this Act but also\nto those applicable to it immediately before the commencement, to\nthe extent that they are not inconsistent with this Act.\n","sortOrder":168},{"sectionNumber":"130","sectionType":"section","heading":"Certain leases to be or become perpetual pastoral leases","content":"130 Certain leases to be or become perpetual pastoral leases\n(1) On the commencement of this Act, all perpetual pastoral leases\ngranted under the Crown Lands Act 1992 and in existence\nimmediately before the commencement are, by virtue of this\nsection, perpetual pastoral leases as if granted under this Act on\nthat commencement and are subject not only to the reservations\nand conditions applicable to them under this Act but also to those\nconditions not relating to the development of the leases applicable\nto them immediately before the commencement, to the extent that\nthey are not inconsistent with this Act.\n(2) The Minister may, by notice in writing to the lessee of a pastoral\nlease specified in Schedule 1, declare that the pastoral lease, on\nand from the date specified in the notice, shall be a perpetual\npastoral lease subject to such reservations and conditions (in\naddition to those applicable to perpetual pastoral leases by virtue of\nthis Act) as the Minister specifies in the notice and subject to\nsection 131, on and from that date the pastoral lease shall for all\npurposes be taken to be a perpetual pastoral lease as if granted as\nsuch under this Act on that date.\n(3) If the Minister does not, within the period of 12 months after the\ncommencement of this Act, exercise his or her power under\nsubsection (2) in relation to a pastoral lease specified in\nSchedule 1, the pastoral lease becomes a perpetual pastoral lease\non the expiration of the period as if granted as such under this Act,\nand is subject not only to the reservations and conditions applicable\nto it by virtue of this Act but also to those applicable to it\nimmediately before the expiration of the period, to the extent that\n\nPastoral Land Act 1992 103\nthey are not inconsistent with this Act or its status as a perpetual\n","sortOrder":169},{"sectionNumber":"131","sectionType":"section","heading":"Land containing Territory improvements may be excised","content":"131 Land containing Territory improvements may be excised\n(1) The Minister may, in a notice referred to in section 130(2), excise\nfrom a pastoral lease to which it relates such areas described in the\nnotice as the Minister thinks fit that contain improvements\nconstructed by or on behalf of the Territory, a local government\ncouncil, the Commonwealth or a statutory authority of the Territory\nor the Commonwealth, and that section has the effect of converting\nthe lease to a perpetual pastoral lease only in relation to so much\nof the land that was the subject of the existing lease as is not\nincluded in the excised areas described in the notice.\n(2) There is reserved to the Territory in every perpetual pastoral lease\nresulting from a declaration under section 130(2) such interests\n(including easements and easements in gross) as are necessary to\nprovide essential services and facilities, being power (including\ngas), water, sewerage, road or communication services and\nfacilities across the land the subject of the lease to an area excised\nunder subsection (1).\n","sortOrder":170},{"sectionNumber":"132","sectionType":"section","heading":"Certain interests preserved","content":"132 Certain interests preserved\nNothing in this Act derogates the legal or equitable rights of a\nperson that existed in or in relation to land immediately before\nbecoming the subject of a perpetual pastoral lease under this Act\nby virtue of section 130 (other than the rights of the Crown in right\nof the Territory as the lessor of the land) and those rights shall\ncontinue and may be enforced against the pastoral lessee in the\nsame manner as they could have been enforced immediately\nbefore the land became so subject.\n","sortOrder":171},{"sectionNumber":"133","sectionType":"section","heading":"Right to continue to use land for non pastoral purposes","content":"133 Right to continue to use land for non pastoral purposes\nWhere under section 40B of the Crown Land Act 1992 as in force\nimmediately before the commencement of this Act there was in\nforce a permission of the Minister to use the whole or a part of land\nunder a pastoral lease for purposes which but for that section and\npermission the land could not be so used, that permission shall\ncontinue in force for a period of 12 months after that\ncommencement, and this Act shall apply, as if it were the\npermission of the Board given under section 88 on that\ncommencement for 12 months on the same terms and conditions\n(other than as to its duration) as applied immediately before that\ncommencement, but the lessee may, before the expiration of that\nperiod apply to the Board under Part 7 (or, where required by the\nBoard under section 90(2), to the Minister) for permission to use\n\n","sortOrder":172},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Pastoral Land Amendment Act 2018","content":"Part 13 Transitional matters for Pastoral Land Amendment Act 2018\nPastoral Land Act 1992 104\nthe land or part, or to surrender the part in exchange for a separate\nlease for that purpose, accordingly.\n","sortOrder":173},{"sectionNumber":"134","sectionType":"section","heading":"Aboriginal community living areas","content":"134 Aboriginal community living areas\nThe continuation in existence of the Community Living Areas\nTribunal by section 93 shall be taken to be a continuation of all\nappointments, the effect of things done and matters in process\nimmediately before the commencement of this Act under Part IV of\nthe Crown Lands Act 1992 as then in force, including the rights,\nobligations and status of applicants (and persons for whose benefit\napplications were made) and other parties under that Act, and\n","sortOrder":174},{"sectionNumber":"Part 8","sectionType":"part","heading":"of this Act shall be construed accordingly.","content":"Part 8 of this Act shall be construed accordingly.\n","sortOrder":175},{"sectionNumber":"135","sectionType":"section","heading":"Minister's opinion in relation to holdings in excess of limit at","content":"135 Minister's opinion in relation to holdings in excess of limit at\ncommencement of Act\nIf within 6 months after the commencement of this Act the Minister,\non the application of a person who would but for this section be in\nbreach of section 34 in respect of land or an interest in land\nacquired before that commencement, forms the opinion that the\nholding of that land or interest by the person is in the interest of the\nTerritory and advises the person, in writing, accordingly, section 34\napplies to and in relation to the land or interest as if the Minister\nwere of that opinion at the time the land or interest was acquired\n(and had advised the person, in writing, accordingly) and that\nsection was then in force.\nPart 13 Transitional matters for Pastoral Land\nAmendment Act 2018\n","sortOrder":176},{"sectionNumber":"136","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"136 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Pastoral Land\nLegislation Amendment Act 2018, apply only in relation to offences\ncommitted after the commencement of that Act (the\ncommencement).\n(2) The offence provisions, as in force immediately before the\ncommencement, continue to apply in relation to offences\ncommitted before the commencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred immediately before the commencement, the offence is\ntaken to have been committed before the commencement.\n\nPart 13 Transitional matters for Pastoral Land Amendment Act 2018\nPastoral Land Act 1992 105\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":177},{"sectionNumber":"137","sectionType":"section","heading":"Rent methodology provisions","content":"137 Rent methodology provisions\n(1) The rent payable for a financial year that starts on or after\n1 July 2019 in respect of a pastoral lease is to be calculated in\naccordance with the amendments made by the Pastoral Land\nLegislation Amendment Act 2018.\n(2) The rent payable for a financial year that starts before 1 July 2019\nin respect of a pastoral lease is to be calculated in accordance with\nthis Act as it was immediately before the commencement of the\nPastoral Land Legislation Amendment Act 2018.\n\nSchedule 1 Pastoral leases for automatic conversion to perpetual pastoral leases\nPastoral Land Act 1992 106\nSchedule 1 Pastoral leases for automatic conversion to\nperpetual pastoral leases\nsection 130\nAileron – PL641 Gorrie – PL940 Mount Skinner – PL878\nAlcoota – PL1032 Hayfield – PL868 Mountain Valley –\nPL908\nAmbalindum – PL647 Henbury – PL600 Muckaty – PL856\nAmburla – PL75 Hodgson Downs –\nPL613\nMulga Park – PL889\nAmmaroo – PL791 Horseshoe Bend –\nPL784\nMurranji – PL855\nAmungee Mungee –\nPL732\nHumbert River – PL975 Murray Downs – PL881\nAndado – PL778 Idracowra – PL952 New Crown – PL777\nAngas Downs – PL584 Indiana – PL659 Newhaven – PL884\nAnningie – PL622 Innesvale – PL710 Newry – PL909\nAnnitowa – PL792 Inverway – PL867 Numery – PL557\nApiwentye – PL691 Jindare – PL633 Nutwood Downs –\nPL526\nArapunya – PHL3 Jinka – PHL4 Old MacDonald Downs\n– PL645\nArgadargada – PL876 Kalala – PL699 Palmer – PL886\nAuvergne – PL910 Kiana – PL731 Robinson River – PL598\nBan Ban Springs –\nPL865\nKillarney – PL979 Roper Valley – PL632\nBeetaloo – PL640 Kirkimbie – PL951 Shenandoah– PL891\nBillengarrah – PL759 Kurundi – PL841 Spirit Hills – PL877\nBradshaw – PL1024 Labelle Downs – PL986 Stirling – PL771\n\nSchedule 1 Pastoral leases for automatic conversion to perpetual pastoral leases\nPastoral Land Act 1992 107\nBuchanan Downs –\nPL937\nLegune – PL679 Sunday – PL996\nBullo River – PL811 Limbunya – PL873 Suplejack – PL826\nBushy Park – PL625 Lyndavale – PL993 Tanumbirini – PL642\nConiston– PL628 MacDonald Downs –\nPL973\nTennant Creek – PL897\nCurtin Springs – PL573 Mainoru – PL854 The Garden – PL608\nDelamere – PL567 Mallapunyah – PL861 Tobermorey – PL713\nDelmore Downs –\nPL653\nManners Creek – PL770 Todd River – PL605\nDelny – PL661 Marrakai –PL746 Ucharonidge – PL827\nDerry Downs – PL794 Mary River – PL816 Urapunga – PL657\nDerwent – PL607 Maryfield – PL665 Victory Downs – PL609\nDneiper – PL652 Maryvale – PL682 Waterloo – PL998\nDorisvale – PL736 Milton Park – PL671 Welltree – PL987\nDungowan – PL863 Mistake Creek – PL971 Wollogorang – PL870\nElsey – PL593 Moroak – PL751 Woolner – PL793\nFitzroy – PL674 Mount Bundy – PL928\nGlen Helen – PL681 Mount Denison – PL862\nGoondooloo – PL752 Mount Ebenezer –\nPL617\n\nPastoral Land Act 1992 108\nsection 117\n1 A decision of the Minister under\nsection 40(3)(e) or (4) to forfeit a pastoral\nlease\n2 A determination of the Agency under\nsection 54(1) of the estimated carrying\ncapacity of pastoral land\n3 A decision of the Agency under\nsection 54A(3)(b) to refuse to review a\ndetermination of the estimated carrying\ncapacity of pastoral land\n4 A decision of the Board under\nsection 76(3)(c) to reject a remedial plan or\nrevised remedial plan submitted by a\npastoral lessee\n5 A decision of the Board under\nsection 76(8) to refuse to approve a\nvariation to an approved remedial plan\n6 A decision of the Board under\nsection 85A(1) to refuse to grant a\nnon-pastoral use permit\n","sortOrder":178},{"sectionNumber":"7","sectionType":"section","heading":"A decision of the Board under","content":"7 A decision of the Board under\nsections 85A(1) and 88(1) to grant a\nnon-pastoral use permit subject to\nconditions\n8 A decision of the Board under\nsection 89A(4)(c) or (7) to refuse an\napplication for an extension of the term of\na non-pastoral use permit\n9 A decision of the Board under\nsection 89B(1) to vary a non-pastoral use\n\nPastoral Land Act 1992 109\n10 A decision of the Board under\nsection 89C(4)(c) or (7) to refuse an\napplication to vary a non-pastoral use\n11 A decision of the Board under\nsection 89D(1) to suspend a non-pastoral\nuse permit\n12 A decision of the Board under\nsection 89D(3)(a) to extend the period for\nwhich a non-pastoral use permit has been\nsuspended\n13 A decision of the Board under\nsection 89E(3) to revoke a non-pastoral\nuse permit\n14 A decision of the Board under\nsection 89F(4)(b) to refuse an application\nfor the suspension or revocation of a\nnon-pastoral use permit\n15 A decision of the Board under\nsection 91H(2)(b) to refuse to grant a\nclearing permit\n16 A decision of the Board under\nsection 91N(4)(b) to refuse an application\nfor an extension of a clearing period\n17 A decision of the Board under\nsection 91P(1) to vary a clearing permit\n18 A decision of the Board under\nsection 91Q(1) to suspend a clearing\n19 A decision of the Board under\nsection 91Q(3)(a) to extend the period for\nwhich a clearing permit has been\nsuspended\n20 A decision of the Board under\nsection 91R(3) to revoke a clearing permit\n\nPastoral Land Act 1992 110\n21 A decision of the Board under\nsection 91S(4)(b) to refuse an application\nfor the suspension or revocation of a\nclearing permit\n22 A decision of the Minister under\nsection 110(1) to accept in whole or in\npart, or to reject, a recommendation made\nby the Tribunal under section 108(1)\nor 109(1)\nA party to the application\nbefore the Tribunal\n23 A decision of the Minister or the\nValuer-General under section 121(3) to\ndisallow an objection or to allow it in part\nonly\nThe person who made\nthe objection\n\nPastoral Land Act 1992 111\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPastoral Land Act 1992 (Act No. 17, 1992)\nAssent date 30 April 1992\nCommenced 26 June 1992 (Gaz S33, 26 June 1992)\nStatute Law Revision Act 1992 (Act No. 46, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992\nPastoral Land Amendment Act 1993 (Act No. 18, 1993)\nAssent date 16 June 1993\nCommenced 16 June 1993\nPastoral Land Amendment Act (No. 2) 1993 (Act No. 68, 1993)\nAssent date 9 November 1993\nCommenced 1 December 1993 (Gaz S95, 1 December 1993)\nReal Property (Statutory Charges Consequential Amendments) Act 1993 (Act No. 77,\n1993)\nAssent date 23 November 1993\nCommenced 1 October 1994 (s 2, s 2 Real Property Amendment Act\n(No. 2) 1993 (Act No. 76, 1993) and Gaz G37,\n14 September 1994, p 2)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 1 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83,\n1993) and Gaz S35, 20 May 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\n\nPastoral Land Act 1992 112\nPastoral Land Amendment Act 1994 (Act No. 53, 1994)\nAssent date 22 September 1994\nCommenced 30 September 1994 (Gaz S51, 30 September 1994)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998)\nAssent date 23 December 1998\nCommenced ss 197 – 202: 23 December 1998; rem: 1 October 1998 (s 2)\nPastoral Land Amendment Act 1998 (Act No. 103, 1998)\nAssent date 29 December 1998\nCommenced 29 December 1998\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 and Gaz G18,\n5 May 2004, p 2)\nAssembly Members and Statutory Officers (Remuneration and Other Entitlements)\nAct 2006 (Act No. 7, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (s 2); rem: 17 May 2007 (Gaz G26, 27 June\n2007, p 3)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\n\nPastoral Land Act 1992 113\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nPastoral Land Amendment Act 2013 (Act No. 29, 2013)\nAssent date 8 November 2013\nCommenced 1 January 2014 (Gaz S70, 19 December 2013)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015, p 2);\nrem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nPastoral Land Legislation Amendment Act 2018 (Act No. 20, 2018)\nAssent date 6 September 2018\nCommenced 26 September 2018 (Gaz S76, 26 September 2018)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\n\nPastoral Land Act 1992 114\nEnvironment Legislation Amendment Act 2021 (Act No. , 2021)\nAssent date 18 November 2021\nCommenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51,\n22 December 2021, p 1)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 4 Pastoral Land Amendment Act 1998 (Act No. 103, 1998)\ns 78 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 31, 38, 53, 65, 66, 72B,\n85B, 93, 94, 95, 96, 111, 113, 114, 124, 130, 133 and 134.\n5 LIST OF AMENDMENTS\ns 3 amd No. 1, 2004, s 62; No. 29, 2013, s 4; No. 35, 2014, s 94; No. 20, 2018,\ns 4; No. 26, 2020, s 3; No. 22, 2021, s 25; No. 24, 2023, s 106\nss 3A – 3B ins No. 20, 2018, s 5\ns 4 amd No. 20, 2018, s 31\ns 12 amd No. 20, 2018, s 6\ns 15 – 16 amd No. 26, 2020, s 3\ns 19 amd No. 26, 2020, s 3\ns 21 amd No. 26, 2020, s 3\ns 22 amd No. 23, 2013, s 14\nsub No. 20, 2018, s 7\ns 23 amd No. 26, 2020, s 3\ns 27 amd No. 7, 2007, s 16\ns 29 amd No. 29, 2013, s 5\npt 4\ndiv 1AA hdg ins No. 20, 2018, s 8\nss 30A – 30B ins No. 20, 2018, s 8\ns 31 amd No. 45, 2000, s 6\ns 34 amd No. 17, 2001, s 21\ns 35 amd No. 23, 2013, s 14; No. 20, 2018, s 9\ns 38 amd No. 37, 2010, s 13; No. 23, 2013, s 14; No. 20, 2018, s 10; No. 22, 2021,\ns 26\ns 40 amd No. 23, 2013, s 14; No. 20, 2018, s 11; No. 24, 2023, s 107\ns 49 amd No. 93, 1998, s 198\ns 53 amd No. 45, 2000 s 6\ns 54 sub No. 20, 2018, s 12\ns 54A ins No. 20, 2018, s 12\ns 55 sub No. 20, 2018, s 12\ns 56 amd No. 20, 2018, s 13\ns 57 sub No. 20, 2018, s 14\n\nPastoral Land Act 1992 115\npt 4\ndiv 3 hdg sub No. 20, 2018, s 15\npt 4\nsdiv 1 hdg ins No. 20, 2018, s 15\ns 61 amd No. 93, 1998, s 199\ns 62 amd No. 93, 1998, s 200\ns 64 amd No. 93, 1998, s 201\npt 4\nsdiv 2 hdg ins No. 20, 2018, s 16\ns 65 amd No. 45, 2000, s 6\npt 4\nsdiv 3 hdg ins No. 20, 2018, s 17\ns 66 amd No. 45, 2000, s 6; No. 20, 2018, s 18\npt 4\nsdiv 4 hdg ins No. 20, 2018, s 19\ns 67 amd No. 18, 1993, s 2; No. 23, 2013, s 14\nsub No. 20, 2018, s 19\ns 68 amd No. 18, 1993, s 3\nsub No. 20, 2018, s 19\namd No. 22, 2021, s 27\npt 4\nsdiv 5 hdg ins No. 20, 2018, s 19\ns 70 amd No. 20, 2018, s 20\npt 4\nsdiv 6 hdg ins No. 20, 2018, s 21\npt 4\ndiv 4 hdg ins No. 93, 1998, s 202\nss 72A – 72B ins No. 93, 1998, s 202\ns 72C ins No. 93, 1998, s 202\namd No. 24, 2023, s 108\ns 72D ins No. 24, 2023, s 109\ns 73 amd No. 17, 1996, s 6; No. 23, 2013, s 14; No. 20, 2018, s 22\ns 74 amd No. 23, 2013, s 14; No. 20, 2018, s 23\ns 75 amd No. 23, 2013, s 14; No. 20, 2018, s 24\ns 80 amd No. 23, 2013, s 14\nsub No. 20, 2018, s 25\ns 82 amd No. 23, 2013, s 14; No. 20, 2018, s 26; No. 19, 2021, s 82\ns 83 amd No. 23, 2013, s 14; No. 20, 2018, s 27; No. 19, 2021, s 83\ns 85A ins No. 29, 2013, s 6\namd No. 22, 2021, s 29; No. 24, 2023, s 110\nss 85B – 85D ins No. 29, 2013, s 6\ns 86 amd No. 29, 2013, s 7; No. 22, 2021, s 29\ns 87 sub No. 29, 2013, s 8\namd No. 22, 2021, s 29; No. 24, 2023, s 111\ns 87A ins No. 29, 2013, s 8\namd No. 19, 2021, s 84\ns 88 sub No. 29, 2013, s 8\nsub No. 24, 2023, s 112\ns 89 sub No. 29, 2013, s 8\n\nPastoral Land Act 1992 116\nss 89A – 89F ins No. 29, 2013, s 8\ns 89G ins No. 29, 2013, s 8\nsub No. 20, 2018, s 28\ns 90 amd No. 29, 2013, s 9; No. 22, 2021, s 29\npt 7A hdg ins No. 22, 2021, s 28\nss 91A –\n91ZB ins No. 22, 2021, s 28\ns 92 amd No. 68, 1993, s 4; No. 20, 2018, s 31; No. 26, 2020, s 3\ns 93 amd No. 46, 1992, s 6; No. 68, 1993, s 5; No. 53, 1994, s 3; No. 103, 1998,\ns 3; No. 7, 2006, s 30; No. 7, 2007, s 16; No. 8, 2016, s 45; No. 26, 2020, s 3\ns 95 amd No. 50, 1994, s 11; No. 53, 1994, s 4; No. 26, 2020, s 3\ns 96 amd No. 26, 2020, s 3\ns 97 amd No. 68, 1993, s 6; No. 26, 2020, s 3\ns 100 amd No. 20, 2018, s 31\ns 101 amd No. 46, 1992, s 13; No. 20, 2018, s 31\ns 102 amd No. 4, 2007, s 7; No. 20, 2018, s 31\ns 105 amd No. 26, 2020, s 3\ns 105A ins No. 68, 1993, s 7\ns 106 amd No. 68, 1993, s 8; No. 50, 1994, s 11; No. 26, 2020, s 3\ns 108 amd No. 38, 2014, s 2; No. 20, 2018, s 31\ns 109 amd No. 68, 1993, s 9; No. 20, 2018, s 31\ns 111 amd No. 18, 2004, s 3; No. 20, 2018, s 31\ns 112 rep No 35, 2014, s 95\ns 113 amd No. 26, 2020, s 3\ns 114 amd No. 68, 1993, s 10; No. 20, 2018, s 31\npt 9 hdg amd No. 35, 2014, s 96\nsub No. 24, 2023, s 113\npt 9\ndiv 1 hdg rep No. 35, 2014, s 97\ns 115 amd No. 68, 1993, s 11\ns 116 rep No. 35, 2014, s 97\ns 117 amd No. 68, 1993, s 12; No. 40, 2010, s 118; No. 23, 2013, s 14\nins No. 35, 2014, s 99\nsub No. 24, 2023, s 113\ns 118 amd No. 68, 1993, s 13\nins No. 35, 2014, s 99\nrep No. 24, 2023, s 113\npt 9\ndiv 2 hdg om No. 35, 2014, s 98\ns 119 amd No. 35, 2014, s 100; No. 20, 2018, s 29\nrep No. 24, 2023, s 113\ns 120 rep No. 35, 2014, s 101\ns 122 amd No. 35, 2014, s 102; No. 24, 2023, s 114\ns 124 amd No. 77, 1993, s 11; No. 45, 2000, s 6\ns 125 amd No. 17, 2001, s 21\ns 128 amd No. 23, 2013, s 14\ns 130 amd No. 24, 2023, s 115\ns 131 amd No. 84, 1993, s 6; No. 28, 2008, s 3; No. 19, 2014, s 26\npt 13 hdg ins No. 20, 2018, s 30\nss 136 – 137 ins No. 20, 2018, s 30\nsch hdg amd No. 24, 2023, s 116\nsch 2 ins No. 24, 2023, s 117","sortOrder":179}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act's original intent, as stated in its long title, was to provide for the conversion and granting of title to pastoral land together with its administration, management and conservation. Its scope has grown well beyond that core tenure-conversion purpose through successive amendments that have added comprehensive monitoring and remedial regimes (Part 5), codified public access rights and closures (Part 6), introduced a full permitting system for non-pastoral uses (Part 7 with ss 85A–91), established strict vegetation clearing controls with stop-work and rehabilitation directions (Part 7A, inserted 2021), integrated native title future act procedures (Part 4 Division 4), and created a detailed rent methodology based on estimated carrying capacity (ss 54–55, amended 2018). This evolution has transformed the statute from a primarily lease-granting instrument into a broad environmental, land-use and native title interface framework."},"complexity_factors":["Over 130 sections plus two schedules, with 50+ defined terms in s 3 including nuanced concepts like 'degradation', 'estimated carrying capacity', 'lease transaction' and 'native vegetation'","Nested subdivisions in Parts 4, 7 and 7A creating layered approval processes for leases, non-pastoral permits and clearing permits","Heavy cross-referencing to external laws such as the Native Title Act 1993 (Cth) (ss 72A–72D, 87(2A)), Land Title Act 2000 (ss 31, 85B, 91L, 91Y), Lands Acquisition Act 1978 (ss 72B–72C) and Valuation of Land Act 1963","Conditional logic throughout (e.g. s 34(1) restrictions on holdings with multiple associate definitions, s 40 breach procedures that branch into Board referral or forfeiture, and s 91C offences with strict liability and reasonable excuse defences)","Detailed procedural sequences for applications, public notices, NTCAT reviews (Schedule 2 and s 117), remedial/rehabilitation plans (ss 76, 91V–91ZB) and transitional savings (Part 12 and Part 13)"],"plain_english_summary":"**The Pastoral Land Act 1992** sets the rules for how large areas of government-owned land in the Northern Territory can be used for raising livestock (called pastoral purposes). It creates a system of long-term leases that let farmers or companies graze animals while requiring them to look after the land to stop damage like soil erosion or loss of native plants. \n\nThe Act does three main things: (1) it explains how leases are granted, renewed, or changed, including limits on how much land one person or company can control (generally no more than 13,000 square kilometres); (2) it sets up a Pastoral Land Board to monitor land health, approve extra uses like tourism, control vegetation clearing, and help create small community areas for Aboriginal people on pastoral land; and (3) it balances competing needs by giving the public reasonable access to rivers and places of interest, protecting Aboriginal traditional rights to hunt and gather, and enforcing environmental duties. \n\nIt affects pastoral lessees (the people or companies holding the leases), the Minister and Board who administer the system, Aboriginal communities seeking living areas, and ordinary Territorians who want to visit or cross the land. It matters because it aims to keep the pastoral industry economically viable while preventing land degradation, respecting Aboriginal rights, and allowing limited public access — all without turning the land into something completely different from grazing country."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally focused on lease conversion and administration, the Act has been expanded significantly—especially by the 2013, 2018, 2021, and 2023 amendments—to include detailed regulation of non-pastoral use permits (Part 7), clearing permits (Part 7A), enhanced environmental monitoring (Part 5), and native title compensation procedures (Part 4 Division 4). The scope now encompasses comprehensive land management and environmental regulation, well beyond the original tenure-focused purpose."},"complexity_factors":["Over 130 sections across 13 parts and numerous schedules","28 defined terms in the interpretation section (s3), with further definitions in specific parts","Cross-references to at least 5 other Acts (Native Title Act, Land Title Act, Criminal Code, etc.)","Complex rules for maximum pastoral land holdings (s34) with detailed associate and indirect interest provisions","Multiple decision-makers: Minister, Pastoral Land Board, Agency, Valuer-General, NTCAT, and Community Living Areas Tribunal","Nested conditional logic in sections like 40 (breach of conditions) and 53 (forfeiture)","Extensive procedural requirements for applications (subdivision, clearing permits, non-pastoral use permits)","Long transitional and savings provisions (Parts 12 & 13) due to historical amendments"],"plain_english_summary":"This law governs the leasing of large areas of Crown land (land owned by the NT Government) for grazing livestock. It sets up the Pastoral Land Board to manage leases, monitor land condition, and approve subdivisions, transfers, and non-pastoral uses like tourism. Lessees must prevent land degradation, allow public access to waterways, and obtain permits for clearing native vegetation. Rent is based on how many animals the land can sustainably carry. The law also allows Aboriginal people to follow traditional practices and create community living areas on pastoral land. If lessees break the rules, the government can forfeit the lease or take remedial action."}},"importantCases":[],"_links":{"self":"/api/acts/pastoral-land-act-1992","history":"/api/acts/pastoral-land-act-1992/history","analysis":"/api/acts/pastoral-land-act-1992/analysis","conflicts":"/api/acts/pastoral-land-act-1992/conflicts","importantCases":"/api/acts/pastoral-land-act-1992/important-cases","documents":"/api/acts/pastoral-land-act-1992/documents"}}