{"id":"pastoral-land-management-and-conservation-act-1989","name":"Pastoral Land Management and Conservation Act 1989","slug":"pastoral-land-management-and-conservation-act-1989","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106247,"registerId":"sa-pastoral-land-management-and-conservation-act-1989-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects and duties","content":"Part 2—Objects and duties\n4—Objects\nThe objects of this Act are as follows:\n\t(a)\tto ensure that all pastoral land in the State is well managed and utilised prudently so that its renewable resources are maintained and its yield sustained; and\n\t(b)\tto provide for—\n\t(i)\tthe effective monitoring of the condition of pastoral land; and\n\t(ii)\tthe prevention of degradation of the land and its indigenous plant and animal life; and\n\t(iii)\tthe rehabilitation of the land in cases of damage; and\n\t(c)\tto provide a form of tenure of Crown land for pastoral purposes that is conducive to the economic viability of the pastoral industry; and\n\t(d)\tto recognise the right of Aboriginal persons to follow traditional pursuits on pastoral land; and\n\t(e)\tto provide the community with a system of access to and through pastoral land that finds a proper balance between the interests of the pastoral industry and the interests of the community in enjoying the unique environment of the land; and\n\t(f)\tto provide for the operation of renewable energy infrastructure and the undertaking of associated infrastructure activities on pastoral land, concurrently with the land being used for pastoral purposes; and\n\t(g)\tto allow pastoral land to be used for conservation purposes; and\n\t(h)\tto allow pastoral land that is being used for pastoral or conservation purposes to also be used for other appropriate purposes (such as carbon farming).\n5—Duty of the Minister and the Board\nThe Minister and the Board, in administering this Act and in exercising any other power or discharging any other function in relation to pastoral leases—\n\t(a)\tmust act consistently with and seek to further the objects of this Act; and\n\t(b)\tmust have regard to plans or guidelines established by Government agencies, regional landscape boards and planning authorities that are applicable to pastoral land; and\n\t(c)\tmust have regard to the relevant terms of any ILUA.\n7—General duty of pastoral lessees\nIt is the duty of a lessee throughout the term of a pastoral lease—\n\t(a)\tto carry out enterprises under the lease in accordance with good land management practices; and\n\t(b)\tto prevent degradation of the land; and\n\t(c)\tto endeavour, within the limits of financial resources, to improve the condition of the land.\n8—Pastoral land not to be freeholded\nDespite any Act or law to the contrary—\n\t(a)\tthe Minister cannot enter into any agreement or arrangement for transferring an estate in fee simple in pastoral land to the lessee of that land, except pastoral land that the Governor has determined is to be used for some purpose other than pastoral purposes;\n\t(b)\ta pastoral lease is the only form of tenure that can be granted over Crown land that is to be used wholly or principally for pastoral purposes.\nNote—\nNothing prevents land that is to be used for conservation purposes, or for a combination of pastoral or conservation purposes and other purposes, (with the approval of the Board in accordance with this Act) from remaining subject to a pastoral lease.\n9—Pastoral Land Management Fund\n\t(1)\tThe Minister must establish a fund to be entitled the Pastoral Land Management Fund (in this section referred to as the Fund).\n\t(2)\tThe Fund will consist of—\n\t(a)\tif the amount received in a particular year by way of rent paid under pastoral leases exceeds the administrative costs attributable to administering those leases for that year—a prescribed percentage (being not less than 5 per cent or more than 15 per cent) of the excess; and\n\t(b)\tany money provided by Parliament for the purposes of the Fund; and\n\t(c)\tany money paid into the Fund pursuant to any other Act; and\n\t(d)\tany accretions arising out of investment of the money of the Fund.\n\t(3)\tThe amount to be paid into the Fund in respect of a particular year pursuant to subsection (2)(a) must be paid into the Fund no later than 30 June of the next ensuing year.\n\t(4)\tThe money in the Fund may be invested in such manner as the Minister thinks fit.\n\t(5)\tSubject to subsection (6), the Fund must be applied in such manner as the Minister, on the recommendation of the Board, thinks fit for the following purposes and in the following order of priority:\n\t(a)\tresearch into techniques for pastoral land management, for prevention or minimisation of pastoral land degradation and for rehabilitation of degraded pastoral land;\n\t(b)\tthe publication of research findings and dissemination of information relating to those techniques;\n\t(e)\texperimentation with and practical development of those techniques;\n\t(d)\tsuch other projects relating to the management and conservation of pastoral land as the Minister thinks fit.\n\t(6)\tThe Fund may be applied for the purpose of making a payment under section 49K.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\nDivision 1—The Minister\n10—Power of Minister to delegate\n\t(1)\tThe Minister may delegate any of the Minister's powers or functions under this Act (except for this Part)—\n\t(a)\tto the Board; or\n\t(b)\tto any particular person or body; or\n\t(c)\tto the person for the time being occupying a particular office or position.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will by the Minister.\n11—Appointment of authorised officers\n\t(1)\tThe Minister may appoint such persons to be authorised officers for the purposes of this Act as the Minister thinks fit.\n\t(2)\tAn appointment under this section—\n\t(a)\twill be for a period stated in the instrument of appointment; and\n\t(b)\tmay be made subject to conditions limiting the area within which, or the purposes for which, the appointee may exercise the powers of an authorised officer.\n\t(3)\tA person appointed as an authorised officer must be issued with an identity card in a form approved by the Minister.\nDivision 2—The Board\n12—Establishment of Pastoral Board\n\t(1)\tThe Pastoral Board is established.\n\t(2)\tThe Board consists of 6 members appointed by the Minister, of whom—\n\t(a)\tone, being a person who has, in the opinion of the Minister, wide experience in administration of pastoral leases; and\n\t(b)\tone, being a person who has, in the opinion of the Minister responsible for the administration of the Native Vegetation Act 1991, a wide knowledge of the ecology, and experience in the management, of the pastoral land of this State, will be appointed on the nomination of that Minister; and\n\t(c)\tone, being a person who, in the opinion of the Minister responsible for the administration of the Livestock Act 1997, has had wide experience in the field of land and soil conservation of pastoral land, will be appointed on the nomination of that Minister; and\n\t(d)\tone will be selected by the Minister from a list of 3 persons who produce beef cattle on pastoral land outside the dog fence, submitted by Livestock SA Incorporated; and\n\t(e)\tone will be selected by the Minister from a list of 3 persons who produce sheep on pastoral land inside the dog fence, submitted by Primary Producers SA Incorporated; and\n\t(f)\tone will be selected by the Minister from a list of 3 persons submitted by the Conservation Council of South Australia Inc (the Conservation Council), being persons who, in the opinion of the Conservation Council, have knowledge of, and experience in, the conservation of the rangelands environment.\n\t(3)\tAt least one member must be a woman and one a man.\n\t(4)\tThe Minister will appoint a member of the Board to preside at meetings of the Board.\n\t(5)\tThe Minister must appoint a deputy to each member of the Board.\n\t(6)\tA person who is to be the deputy of a member appointed under subsection (2)(d), (e) or (f) must be appointed in the same manner as the member was appointed to the Board.\n\t(7)\tWhere the appointments of a member under subsection (2)(d), (e) or (f) and of that member's deputy are being made at the same time, both must be selected from the one panel of names.\n\t(8)\tA deputy may, in the absence of the member, act as a member of the Board.\n13—Conditions of office\n\t(1)\tA member of the Board will be appointed for a term not exceeding three years and will, on the expiration of a term of office, be eligible for reappointment.\n\t(2)\tThe Minister may remove a member of the Board from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor neglect of duty; or\n\t(c)\tfor incompetence; or\n\t(d)\tfor mental or physical incapacity to carry out the duties of office satisfactorily.\n\t(3)\tThe office of a member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed from office by the Minister under subsection (2).\n\t(4)\tUpon the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n14—Allowances and expenses\nA member of the Board is entitled to such allowances and expenses as the Minister may determine.\n15—Procedure at meetings\n\t(1)\tA meeting of the Board will be chaired by the member appointed to preside at meetings or, in the absence of that person, by a member chosen by the members present from amongst their own number.\n\t(2)\tSubject to subsection (3), the Board may act despite there being vacancies in its membership.\n\t(3)\tFour members constitute a quorum of the Board and no business may be transacted at a meeting of the Board unless a quorum is present.\n\t(4)\tEach member present at a meeting of the Board has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(5)\tA decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board.\n\t(5a)\tA conference by telephone or other electronic means between members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for that purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(5b)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\ta notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members expresses concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the proposed resolution.\n\t(5c)\tThe Board must cause accurate minutes of its meetings to be kept.\n\t(6)\tSubject to this Act, the proceedings of the Board may be conducted as it thinks fit.\n16—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with pastoralists generally, or a substantial section of pastoralists.\n17—Functions of Board\n\t(1)\tThe Board is responsible to the Minister for the administration of this Act and, in carrying out that function, is subject to the control and direction of the Minister.\n\t(2)\tThe other functions of the Board are as follows:\n\t(a)\tto advise the Minister on the policies that should govern the administration of pastoral land;\n\t(b)\tto advise the Minister on any other matter referred to the Board by the Minister;\n\t(c)\tto perform the other functions assigned to the Board by or under this Act or another Act or by the Minister.\n18—Delegation by Board\n\t(1)\tThe Board may, with the consent of the Minister, delegate any of its powers or functions (other than the function of advising the Minister on the policies that should govern the administration of pastoral land)—\n\t(a)\tto a member of the Board; or\n\t(b)\tto any particular person or body; or\n\t(c)\tto the person for the time being occupying a particular office or position.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Board to act in any matter; and\n\t(d)\tis revocable at will by the Board.\n18A—Annual report\n\t(1)\tThe Board must, no later than 30 September in each year, furnish the Minister with a report of its operations during the preceding financial year.\n\t(2)\tThe Minister must, within 12 sitting days of receiving a report, have copies of it laid before both Houses of Parliament.\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"Pastoral leases","content":"Part 4—Pastoral leases\n19—Grant of leases\n\t(1)\tSubject to this Act, the Minister may grant pastoral leases over Crown land.\n\t(2)\tWhere the Minister proposes to make Crown land available for lease under this Act, the process for taking a lease must be an open competitive process.\n\t(3)\tSubsection (2) does not apply—\n\t(a)\tif the Minister is satisfied that special circumstances exist justifying the addition of the land to the holding of an existing lease; or\n\t(b)\tif the land was subject to a pastoral lease that was surrendered upon condition that a further such lease be granted to the same lessee or a nominee of the lessee; or\n\t(c)\tif the Minister is satisfied, on the recommendation of the Board, that for any other good and proper reason it would be just and equitable to offer the land to a particular person.\n20—Assessment of land prior to grant of lease\n\t(1)\tThe Minister cannot grant a pastoral lease over Crown land—\n\t(a)\tif the Governor has determined that the land should be set aside or used for some other more appropriate purpose; or\n\t(b)\tunless—\n\t(i)\tthe Board is satisfied that the land is suitable for the purposes for which the pastoral lease would be granted; and\n\t(ii)\tan assessment has been made of the condition of the land.\n\t(2)\tHowever, the Minister may grant a pastoral lease over Crown land without an assessment having been made under subsection (1)(b)(ii) if an assessment has been made within the previous 14 years.\n21—Execution of leases\nWhere—\n\t(a)\ta document intended to constitute a pastoral lease is sent to the prospective lessee for execution; and\n\t(b)\tthe document is not returned duly executed, together with such fees or other amounts as may be required, within a period (which must be at least 30 days) specified in an accompanying notice,\nthe Minister may decline to enter into the lease and forfeit any deposit or other money paid in connection with it.\n22—Conditions of pastoral leases\n\t(1)\tA pastoral lease will be granted subject to conditions and reservations providing for the following matters (but no others):\n\t(a)\tgeneral conditions providing for—\n\t(iii)\tthe payment of rent annually in arrears;\n\t(iv)\tthe lessee's obligation to pay in the due manner all rates, taxes and other government charges in relation to the land;\n\t(v)\tthe lessee's obligation to comply with the following Acts and any regulations under those Acts to the extent that they apply in relation to the land:\n\t(A)\tthe Landscape South Australia Act 2019; and\n\t(B)\tthe Dog Fence Act 1946; and\n\t(C)\tthe Mining Act 1971; and\n\t(D)\tthe Petroleum and Geothermal Energy Act 2000; and\n\t(E)\tthe Hydrogen and Renewable Energy Act 2023; and\n\t(G)\tany other prescribed Act;\n\t(vi)\tthe lessee's obligation not to hinder or obstruct any person who is exercising, or attempting to exercise, a right of access to the land pursuant to this Act or any other Act;\n\t(b)\tland management conditions providing for—\n\t(i)\tthe lessee's obligation not to pasture (as part of the commercial enterprise under the lease) any species of animal on the land other than the species specified in the lease, except with the prior approval of the Board;\n\t(ii)\tthe lessee's obligation to ensure that numbers of stock on the land or a particular part of the land do not exceed the maximum levels specified in the lease, except with the prior approval of the Board;\n\t(iii)\tthe lessee's obligation not to use the land for any purpose other than pastoral purposes, except with the prior approval of the Board;\n\t(iv)\tthe lessee's obligation to maintain existing fencing in a stockproof condition;\n\t(v)\tthe lessee's obligation to maintain existing constructed stock watering points in proper working order;\n\t(vi)\tthe lessee's obligation to close off specified areas on the land, or to close or move specified access points on the land, for the purposes of rehabilitation of degraded land;\n\t(vii)\tin the case of a pastoral lease relating to land in the Arkaroola Protection Area under the Arkaroola Protection Act 2012—the lessee's obligation to use the land in accordance with the management plan under that Act;\n\t(c)\treservations providing for—\n\t(i)\tthe property in minerals, petroleum, underground waters and live or dead standing timber on or under the land to be vested in the Crown;\n\t(ii)\tthe right of the Commissioner of Highways to establish public roads across the land;\n\t(iii)\tthe right of a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed to grant a renewable energy licence or an associated infrastructure licence under that Act.\n\t(1a)\tA condition referred to in subsection (1)(a) or (1)(b), and a reservation referred to in subsection (1)(c), will be taken to be a condition or reservation (as the case requires) of all pastoral leases (whether granted before or after the commencement of this subsection).\n\t(2)\tThe form of a pastoral lease and any matters (such as maximum stock levels) to be specified in the conditions of a lease will be determined by the Board.\n\t(3)\tThe only conditions of a pastoral lease that can be varied by the Board pursuant to this Act are the land management conditions.\n\t(4)\tNothing in this Act prevents a lessee and the Board from entering into an agreement for the variation of a condition of the lease.\n\t(5)\tA condition of a pastoral lease is, to the extent that it relates to the minimum stocking rate of pastoral land, void and of no effect.\n\t(6)\tThe Board may, at the request or with the consent of the lessee—\n\t(a)\tapprove the pasturing (as part of the commercial enterprise under the lease) of a species of animal other than a species specified in the lease; and\n\t(b)\tapprove a level of stock on the land, or on a particular part of the land, in excess of the maximum levels specified in the lease; and\n\t(c)\tapprove the use of land subject to a pastoral lease for a purpose other than pastoral purposes (including, without limitation, conservation purposes or, if the land is being used for pastoral or conservation purposes, carbon farming); and\n\t(d)\t—\n\t(i)\tset aside from use for pastoral purposes land, or a part of the land, subject to a pastoral lease; and\n\t(ii)\tapprove the use of the pastoral land set aside for the primary purpose of traditional Aboriginal pursuits, conservation purposes or other purposes as specified by the Board.\n\t(7)\tAn approval of the Board under subsection (6) must be in writing and may be subject to conditions.\n23—Rent\n\t(1)\tThe rent payable to the Crown under a pastoral lease—\n\t(a)\tis the amount from time to time determined under this section to be the annual rent for the lease; and\n\t(b)\tis payable annually in arrears.\n\t(2)\tThe annual rent for a pastoral lease is to be determined as follows:\n\t(a)\tthe Valuer-General will from time to time determine the unimproved value of the land in accordance with the Valuation of Land Act 1971, taking into account, in addition to any other matters taken into account under that Act, the following matters:\n\t(i)\tthe purposes, whether authorised under the lease or by the Board, for which the land is used and the inherent capacity of the land to be used for those purposes; and\n\t(ii)\tany prevailing climatic conditions currently affecting the productivity of the land; and\n\t(iii)\tthe proximity and accessibility of markets and other facilities to the extent that they affect the profitability of the lessee's enterprise; and\n\t(iv)\tany views as to land condition factors expressed by the regional landscape board within whose region the land is situated (and the Valuer-General must seek those views before making the determination); and\n\t(v)\tthe views of any consultative committee established by the Minister for the purpose of assisting in the determination of pastoral lease rents;\n\t(b)\tthe Valuer-General will, on making a determination under paragraph (a), fix the annual rent for the lease as a percentage of the unimproved value of the land, being a percentage—\n\t(i)\tthat represents, in the Valuer-General's opinion, the appropriate rate of return for the land, taking into account the purposes for which the land is being used; and\n\t(ii)\tthat may vary from lease to lease according to the various purposes for which land is being used.\n\t(3)\tThe Valuer-General must make a determination of the rents for all pastoral leases at the same time.\n\t(4)\tThe Valuer-General—\n\t(a)\tmay make such a determination at any time; and\n\t(b)\tmust do so on direction by the Minister,\nbut, in any event, must make such a determination at least every 5 years.\n\t(5)\tOn completing a determination of the annual rent for a pastoral lease, the Valuer-General must give to the Board a notice of the determination that includes a statement of the unimproved value of the land and the percentage on which the rent is based.\n\t(6)\tThe Minister may, on the recommendation of the Board, and if the Minister is satisfied—\n\t(a)\tthat some factor exists affecting the profitability of an enterprise under a pastoral lease that has arisen since the Valuer-General last determined the annual rent for the lease; or\n\t(b)\tthat the lessee has, under an agreement with the Minister, carried out work on the land on behalf of the Minister for which the lessee has not been recompensed; or\n\t(c)\tthat the lessee has, on his or her own initiative, undertaken special measures to remedy or prevent degradation of the land,\nreduce by an appropriate amount the rent that would otherwise be payable under the lease in respect of any particular year.\n\t(7)\tThe Board is responsible for issuing and sending to lessees annual rent accounts.\n\t(8)\tThe Board may, for the purposes of administrative efficiency, fix a common day by which the rent under all pastoral leases must be paid in each year and, for that purpose, rent accounts for a period greater or less than a year may be sent to lessees.\n\t(9)\tA rent account must be accompanied by or include—\n\t(a)\ta copy of the Valuer-General's notice of determination if a new determination has been made since the last rent account sent to the lessee; and\n\t(b)\tan explanation of any debits or credits shown on the account; and\n\t(c)\ta statement of the reasons for any reduction, waiver or deferment of rent pursuant to this section.\n\t(10)\tThe Minister may, on the recommendation of the Board, and if the Minister is satisfied that a case of hardship exists, waive or defer payment of any amount of the rent due and payable under a pastoral lease, subject to such conditions (if any) as the Board recommends.\n24—Term of pastoral leases\n\t(1)\tSubject to subsection (2), a pastoral lease will be granted for a term of 42 years.\n\t(2)\tWhere a lessee surrenders two or more pastoral leases for the purposes of merger of the leases, the term of the lease to be granted to the lessee will be such term as the Board, having regard to the terms of the surrendered leases, thinks appropriate.\n25—Assessment of land\n\t(1)\tThe Board must cause an assessment of the condition of the land comprised in each pastoral lease to be completed at intervals of not more than 14 years.\n\t(2)\tAn assessment of the condition of land pursuant to this Act—\n\t(a)\tmust be thorough; and\n\t(b)\tmust include an assessment of the capacity of the land to carry stock (taking into account the purposes for which the land is being used); and\n\t(c)\tmust be conducted in accordance with recognised scientific principles; and\n\t(d)\tmust be carried out by persons who are qualified and experienced in land assessment techniques; and\n\t(e)\tmust take into account any matter prescribed by the regulations.\n\t(3)\tThe Board must, by notice in writing, advise a lessee of a proposed assessment not less than 28 days before the assessment is due to commence.\n\t(4)\tOn completing an assessment of the condition of land, the Board must forward—\n\t(a)\ta copy of the assessment; and\n\t(b)\ta written report of any action the Board proposes taking as a consequence of the assessment,\nto the lessee.\n\t(5)\tThe Board cannot take any action under this Act as a consequence of an assessment until after the end of the period during which an application for assistance may be lodged under section 25B.\n25A—Establishment of pool of persons for the purposes of section 25B\n\t(1)\tThe Minister must establish a pool of persons for the purposes of section 25B.\n\t(2)\tThe pool will consist of such number of persons (being not less than 2 and not more than 6) as the Minister thinks fit, appointed by the Minister after consultation with Livestock SA Incorporated and the Conservation Council of South Australia Inc.\n\t(3)\tA member of the public service is not eligible for appointment as a member of the pool.\n\t(4)\tA member of the pool will be appointed on terms and conditions determined by the Minister.\n\t(5)\tEach person appointed under subsection (2) must have qualifications or experience in pastoral land management.\n\t(6)\tThe Minister must maintain a public register containing the name and contact details of each member of the pool.\n\t(7)\tThe public register is to be available for inspection, without fee, during ordinary office hours—\n\t(a)\tat a public office, or public offices, determined by the Minister; and\n\t(b)\tat a website determined by the Minister.\n\t(8)\tThe Minister may, by notice in the Gazette, publish guidelines in relation to the provision of assistance under section 25B.\n25B—Assistance to lessee\n\t(1)\tA lessee who has received under section 25(4)—\n\t(a)\ta copy of an assessment; or\n\t(b)\ta written report of proposed action,\nmay, within 60 days after the copy of the assessment or the report is forwarded to the lessee under that section, apply to the Minister for assistance in relation to the lessee's dealings with the Board, or any other person or body, as a consequence of the assessment or in relation to the proposed action.\n\t(2)\tAn application under subsection (1)—\n\t(a)\tmay request that the assistance be provided by a particular member of the pool of persons established under section 25A; and\n\t(b)\tmust identify—\n\t(i)\tthe nature of the assistance sought by the lessee; and\n\t(ii)\tif the lessee seeks assistance to dispute any part of the assessment, or oppose any proposed action—the grounds for the dispute or opposition; and\n\t(c)\tmust be made in a manner and form determined by the Minister and will not be conditional on the payment of any fee.\n\t(3)\tIf an application is made under subsection (1), the Minister must, unless satisfied that the application is frivolous or vexatious, appoint a member of the pool to provide assistance to the lessee in accordance with any guidelines published in accordance with section 25A(8) (and if the application requests that the assistance be provided by a particular member of the pool, the Minister must appoint that member unless the Minister is of the opinion that it would be inappropriate for any reason for that member to do so).\n\t(4)\tA member of the pool must—\n\t(a)\tinform the Minister in writing of any direct or indirect interest that the person has or acquires that conflicts, or may conflict, with the provision of any assistance that the member is appointed to provide; and\n\t(b)\tcomply with any directions given by the Minister regarding the resolution of the conflict, or potential conflict.\nMaximum penalty: $20 000.\n\t(5)\tSubsection (4) does not apply in relation to an interest that the member has or acquires while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.\n\t(6)\tNo civil liability attaches to a member of the pool for an act or omission in good faith in the exercise or purported exercise of a function under this section.\n\t(7)\tThe Pastoral Board must give consideration to any comments made to the Board by the lessee relating to the assessment, or the written report of proposed action, referred to in subsection (1).\n26—Extension of term of pastoral leases and variation of conditions\n\t(1)\tThe Board may, by notice in writing given to the lessee, vary the land management conditions of a pastoral lease to take effect on the date or dates specified in the notice (and, if a property plan has been approved in respect of the pastoral lease, the variation must accord with the terms of the plan).\n\t(2)\tHowever, the Board cannot vary the land management conditions of a pastoral lease unless the lease conditions as varied by the Board are accepted by the lessee.\n\t(3)\tSubject to subsection (5), the Board must, by notice in writing given to the lessee within 12 months after the completion of the most recent assessment under section 25—\n\t(a)\tif the land management conditions of a pastoral lease are not to be varied by the notice under this subsection—extend the term of a pastoral lease; or\n\t(b)\tif the land management conditions of a pastoral lease are to be varied by the notice under this subsection—offer to extend the term of a pastoral lease,\nby such period as will bring the term to 42 years (measured from the date the most recent assessment was completed).\n\t(4)\tAn offer to extend the term of a pastoral lease under subsection (3)(b) is subject to the condition that the lessee accepts the lease conditions as varied within 12 months after receiving the offer (and if the lessee does not accept the lease conditions as varied within that period the offer is, by force of this section, withdrawn).\n\t(5)\tThe Board may refuse to extend the term of a pastoral lease if satisfied—\n\t(a)\tthere has been a wilful breach of a condition of the lease resulting in, or likely to result in, degradation of the land; or\n\t(b)\tthe lessee has, without reasonable excuse, failed to discharge a duty imposed by section 7.\n\t(6)\tIf—\n\t(a)\tan offer to extend a pastoral lease has been withdrawn under subsection (4); or\n\t(b)\tthe Board has refused to extend the term of a pastoral lease under subsection (5),\nthe Board may (either on an application by the lessee or of its own motion), if satisfied that the grounds for the revocation or refusal no longer exist, extend the term of a pastoral lease by such period as will bring the balance of the term to 42 years (measured from the date the most recent assessment was completed).\n\t(7)\tFor the purposes of this section, an assessment is taken to have been completed on the day that the Board resolves to issue a notice under subsection (3).\n27—Exemption from stamp duty\nThe grant of a pastoral lease or extension of the term of a lease is exempt from stamp duty.\n28—Dealing with pastoral leases\n\t(1)\tSubject to the conditions of the lease, the interest of the lessee under a pastoral lease cannot be transferred, assigned, mortgaged, sublet or otherwise dealt with without the consent of the Minister.\n\t(2)\tThe Minister must not unreasonably or capriciously refuse or withhold consent under subsection (1).\n\t(3)\tWhere a lessee transfers or assigns his or her interest under a pastoral lease, all accrued and accruing liabilities pass to the transferee or assignee.\n\t(4)\tAny such liabilities that had accrued before the date of the transfer or assignment may be enforced against the transferor or assignor (who will be regarded as jointly and severally liable with the transferee or assignee).\n\t(5)\tA pastoral lease can be wholly or partially surrendered with the consent of the Minister (which may be unconditional or subject to conditions) and, subject to subsection (6), the consent of all persons who have a registered interest in or caveat over the lease.\n\t(6)\tIf it appears to the Minister that a consent has been unreasonably withheld, the Minister may accept the surrender despite the absence of that consent.\n\t(7)\tWhere the surrender of a pastoral lease is conditional on the granting of an interest in the land to the lessee or any other person, an interest or caveat registered on the lease continues in force and will be endorsed on the new lease or other documents of title, unless the holder of the interest or caveat consents to its discharge.\n\t(8)\tWhere the surrender of a pastoral lease is not conditional on the granting of an interest in the land to the lessee or any other person, the land reverts to the Crown freed from all encumbrances and claims.\n29—Agreements to deal with a lease\nWhere an agreement is entered into under which the parties agree to transfer, assign, mortgage, sublet or otherwise deal with a pastoral lease, the agreement will expire 12 months after its execution unless the consent of the Minister to the transfer, assignment, mortgage, subletting or other dealing has been obtained.\n30—Consent to certain share transfers in pastoral company\n\t(1)\tWhere a company—\n\t(a)\tis a lessee under a pastoral lease; or\n\t(b)\tis a party to an agreement for the transfer, assignment, mortgage or subletting of a pastoral lease to the company,\nno change in the ownership of the shares of the company can be effected without the prior consent of the Minister, if the change in ownership would result in a controlling interest in the company being held by some person, or by some other person than the present holder of such an interest.\n\t(2)\tSubsection (1) does not apply to a change in ownership of shares effected by a will or other testamentary disposition.\n31—Alteration of boundaries\n\t(1)\tIf the Board is satisfied that the boundary of land subject to a pastoral lease does not reflect the land actually occupied by the lessee, the Minister may, by notice in writing to the lessee, alter the boundary accordingly.\n\t(1a)\tIf—\n\t(a)\tpart only of the land subject to a pastoral lease (the relevant land) has been resumed in accordance with section 32 for the purposes of a hydrogen generation facility or an associated infrastructure activity; and\n\t(b)\tconstruction of the hydrogen generation facility or an associated infrastructure activity has not, in the opinion of the Minister, been substantially completed within 5 years after the date on which the resumption took effect,\nthe Minister may, by notice in the Gazette, alter the boundary of the pastoral lease referred to in paragraph (a) so that the relevant land is again included in the lease.\n\t(2)\tThe Minister may, in a notice under this section, vary the rent payable under the lease to take into account the increase or reduction in value of the lease that results from the alteration of the boundary.\n\t(3)\tOn registration by the Registrar-General of a boundary alteration pursuant to this section—\n\t(a)\tthe alteration takes effect; and\n\t(b)\tall registered interests or caveats to which the pastoral lease is subject extend over the lease as so altered.\n31A—Variation of land subject to lease\n\t(1)\tThe Minister may, by notice in writing to the relevant lessees—\n\t(a)\texcise land, or a part of land, subject to a pastoral lease and transfer the land, or the part of land, to another lease; and\n\t(b)\talter the boundaries of the leases accordingly.\n\t(2)\tDespite a provision of this Act, the Minister may, in the same notice—\n\t(a)\tvary the rent payable under a pastoral lease to take into account the increase or reduction in value of the lease resulting from the alteration of the boundaries; and\n\t(b)\tvary the land management conditions of a pastoral lease (including varying a condition relating to the maximum level of stock on the land, or a particular part of the land).\n\t(3)\tThe Minister may only take action under this section—\n\t(a)\ton the recommendation of the Board; and\n\t(b)\tat the request or with the consent of the relevant lessees.\n\t(4)\tOn registration by the Registrar-General of a boundary alteration pursuant to this section—\n\t(a)\tthe alteration takes effect; and\n\t(b)\tall registered interests or caveats to which the pastoral lease is subject extend over the lease as so altered.\n32—Resumption of land\n\t(1)\tThe Minister may, by notice in the Gazette, resume any pastoral land.\n\t(2)\tBefore a notice is published under subsection (1), the Minister must give written notice of intention to resume to the lessee under the pastoral lease affected by the proposal.\n\t(3)\tThe resumption takes effect—\n\t(a)\tif the resumption is for the purposes of a hydrogen generation facility or an associated infrastructure activity—on a day specified in the notice in the Gazette, which must be a day falling at least 2 months after the date on which that notice is given; or\n\t(b)\tin any other case—on a day specified in the notice in the Gazette, which must be a day falling at least 6 months after the date on which that notice is given.\n\t(4)\tWhere the whole of the land subject to a pastoral lease is resumed, the resumption operates to cancel the lease.\n\t(5)\tWhere part only of the land subject to a pastoral lease is resumed—\n\t(a)\tthe area of land resumed is excised from the area to which the lease formerly applied; and\n\t(b)\tthe lease continues to apply to the remainder of that land subject to—\n\t(i)\tany variation of its conditions specified in the notice;\n\t(ii)\tany variation of its conditions determined by the Tribunal on the application of the lessee (and any such variation may, according to the Tribunal's determination, operate in addition to or in substitution of a variation under subparagraph (i)).\n\t(6)\tFor the purposes of the South Australian Civil and Administrative Tribunal Act 2013, an application to vary any conditions of a lease under subsection (5)(b)(ii) will be taken to come within the Tribunal's original jurisdiction.\n33—Abandonment of land\nIf land subject to a pastoral lease has been abandoned, the Board may cancel the lease.\n34—Vacation of land\n\t(1)\tWhere the lessee or former lessee under a pastoral lease vacates the land leaving behind property, the Minister may, by notice in writing, require him or her to remove the property within a stipulated period.\n\t(2)\tIf the notice is not complied with within the stipulated period, the Minister may remove and dispose of the property.\n\t(3)\tAny costs incurred by the Minister under subsection (2) that are not covered by the proceeds (if any) of the sale of the property may be recovered as a debt from the person to whom the notice under subsection (1) was given.\n\t(4)\tAny surplus proceeds of the sale of the property must be paid to the lessee or former lessee.\n35—Penalties for late payment of rent\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tfix a scale of penalties to be paid by lessees for late payment of rent or any other amount due under pastoral leases;\n\t(b)\tvary or revoke a scale previously fixed under this section.\n\t(2)\tAny such penalty will be regarded as an amount that is due and payable under the pastoral lease.\n\t(3)\tThe Board may, for proper reasons, remit a penalty under this section in whole or part.\n36—Waiver\nThe Board may, if it thinks special reason exists for doing so, waive a breach of, or non-compliance with, a condition of a pastoral lease unconditionally or subject to conditions.\n37—Cancellation of lease or imposition of fine on breach of conditions\n\t(1)\tSubject to subsection (2), the Board may—\n\t(a)\timpose a fine on the lessee under a pastoral lease of an amount not exceeding $10 000; or\n\t(b)\tcancel a pastoral lease,\nif satisfied that a breach of a condition of the lease has occurred.\n\t(2)\tThe Board cannot cancel a pastoral lease unless satisfied—\n\t(a)\tthat the lessee has been allowed a reasonable opportunity to make good the breach but has failed to do so; or\n\t(b)\tthat cancellation is necessary in order to prevent, arrest or minimise damage to or deterioration of the land.\n\t(3)\tOn cancelling a pastoral lease under this section, the Board may—\n\t(a)\torder that the lessee or the holder of any registered interest in or caveat over the lease be compensated for loss suffered as a result of the cancellation to such extent as the board thinks fit (but the total amount payable under all such orders must not exceed the market value of the lessee's interest less the costs incurred by the Board in taking action under this section); or\n\t(b)\tmake such incidental or ancillary orders as it thinks fit.\n\t(4)\tOn cancellation of a pastoral lease under this section, the land is freed from all encumbrances and claims.\n\t(5)\tFines imposed under this section—\n\t(a)\tare payable by the Board into the Consolidated Account; and\n\t(b)\tif unpaid, may be recovered by the Board from the lessee as a debt.\n38—Cancellation of pastoral lease obtained by false statement\nThe Board may cancel a pastoral lease if satisfied that the lease was obtained under this Act by a false declaration or statement.\n39—Compensation\n\t(1)\tA lessee is entitled to compensation on—\n\t(a)\tresumption of pastoral land; or\n\t(b)\texpiry of a lease pursuant to a refusal to extend its term under section 25 or 26.\n\t(2)\tThe amount of the compensation—\n\t(a)\twill be determined by agreement between the Minister and the lessee or, in default of agreement, by the Supreme Court; and\n\t(b)\tmust be based on the market value of the pastoral lease as if the lease were not being resumed or were not expiring but had been duly extended in accordance with this Act.\n\t(3)\tIf the resumption of pastoral land is for the purposes of a hydrogen generation facility or an associated infrastructure activity, the Minister may recover the amount of the compensation that the Minister is liable to pay under this section from the holder of, or the applicant for, the relevant hydrogen generation licence or associated infrastructure licence (as the case may be).\n40—Notice of adverse action to be given to holders of registered interests or caveats\n\t(1)\tThe Board or the Minister (as the case may require) must—\n\t(a)\tbefore resuming any pastoral land; or\n\t(b)\tbefore cancelling a lease pursuant to this Part; or\n\t(c)\ton making a decision under this Part not to extend the term of a lease,\ngive written notice of the action to all persons who have a registered interest in or caveat over the lease.\n\t(2)\tNotice of a proposed resumption or cancellation must be given at least 14 days before the proposal is implemented.\n","sortOrder":2},{"sectionNumber":"Part 5","sectionType":"part","heading":"Land management and protection","content":"Part 5—Land management and protection\n41—Property plans\n\t(1)\tIf the Board is of the opinion that pastoral land has, from any cause, been damaged, or is likely to suffer damage or deteriorate, and that in order to prevent, arrest or minimise damage to or deterioration of the land, or to rehabilitate the land, it is necessary that action under this section be taken, the Board may, by notice in writing to the lessee, require the lessee—\n\t(a)\tto submit to the Board a plan (a property plan) detailing the proposed management of the pastoral land over a specified period; or\n\t(b)\tto submit to the Board a revised property plan,\nin accordance with the terms of the notice.\n\t(2)\tThe Board must not, in exercising its powers under subsection (1), act capriciously or vexatiously.\n\t(3)\tA property plan must contain such information as the Board may require.\n\t(4)\tThe Board may—\n\t(a)\tapprove, by endorsement, a property plan or revised property plan; or\n\t(b)\trefer the plan back to the lessee for modification; or\n\t(c)\treject the plan and—\n\t(i)\trequire, by notice in writing, the lessee to submit a fresh plan; or\n\t(ii)\tprepare (or revise, as the case may be) a property plan itself and recover the cost of doing so from the lessee as a debt.\n\t(5)\tIf a lessee fails to comply with a notice under subsection (1) or (4), the Board may prepare a property plan or revised property plan in respect of the pastoral land and recover the cost of doing so from the lessee as a debt.\n\t(6)\tA property plan or revised property plan prepared by the Board pursuant to subsection (4) or (5) will be taken to be an approved property plan for the land to which it relates.\n\t(7)\tThe Board may, by endorsement, approve a property plan voluntarily submitted to the Board by a lessee.\n\t(8)\tAn approved property plan may, with the approval of the Board, be varied by the lessee.\n\t(9)\tA property plan or revised property plan must be prepared in consultation with the regional landscape board for the region in which the pastoral land to which the plan relates is located.\n\t(9a)\tWhere a proposed property plan (including a property plan prepared or revised by the Board) includes or will include an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Board must not approve the plan or prepare or revise it without first consulting and having regard to the views of the authority under that Act to whom an application for a permit for that activity would otherwise have to be made.\n\t(10)\tIf a lessee fails, without reasonable excuse—\n\t(a)\tto comply with a notice under subsection (1) or (4); or\n\t(b)\tto implement an approved property plan,\nthe failure constitutes a breach of the conditions of the pastoral lease.\n42—Verification of stock levels\n\t(1)\tSubject to subsection (1a), the lessee under a pastoral lease must, not later than 31 July in each year, furnish the Board with a statutory declaration as to stock levels on the pastoral land as at 30 June of that year.\n\t(1a)\tIf pastoral land is being used for a purpose other than pastoral purposes (with the approval of the Board in accordance with this Act), the Board may exempt the lessee from the requirement to provide a statutory declaration under this section.\n\t(2)\tFor the purpose of ascertaining at any time the amount of stock on pastoral land, or on any particular area of pastoral land, the Board may, by notice in writing to the lessee—\n\t(a)\trequire the lessee to furnish the Board, within a specified time, with a statutory declaration as to stock levels on the land; or\n\t(b)\trequire the lessee to muster stock in accordance with the terms of the notice in order to allow a person authorised by the Minister to count the stock.\n\t(3)\tA statutory declaration furnished pursuant to this section must contain such information as the Board may require.\n\t(4)\tIf a lessee fails to comply with a notice under subsection (2)(b), the Board may cause the muster to be carried out and, subject to subsection (5), may recover the cost of doing so from the lessee as a debt.\n\t(5)\tIf a muster carried out pursuant to this section verifies that the stock levels as declared by the lessee in accordance with this section were accurate, the cost of carrying out the muster will be borne by the Crown.\n\t(6)\tA declaration as to stock levels will be taken to be accurate if a subsequent muster finds that the numbers of stock on the land are less than or do not exceed by more than 10 per cent the declared levels.\n\t(7)\tIf a lessee fails, without reasonable excuse, to comply with a requirement of, or notice under, this section, the failure constitutes a breach of the conditions of the pastoral lease.\n43—Notices to destock or take other action\n\t(1)\tIf the Board is of the opinion that pastoral land has, from any cause, been damaged, or is likely to suffer damage or deteriorate, and that in order to prevent, arrest or minimise damage to or deterioration of the land, or to rehabilitate the land, it is necessary that action under this section be taken, the Board may, by notice in writing to the lessee, require the lessee to do any one or more of the following:\n\t(a)\tremove a specified number of stock from the land or a particular part of the land;\n\t(b)\tkeep the amount of stock on the land or a particular part of the land to a specified level, or to keep no stock at all on that land;\n\t(c)\tcarry out specified improvements to or land treatment works on the land;\n\t(d)\tadopt or desist from specified land management practices,\nin accordance with the terms of the notice.\n\t(2)\tA notice under subsection (1) may provide—\n\t(a)\tthat it is to have effect for a specified period; or\n\t(b)\tthat it is to have effect until the Board, on the application of the lessee, directs that the notice cease to operate.\n\t(2a)\tWhere the Board proposes to issue or vary a notice under subsection (1) that would require a lessee to undertake an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Board must not issue or vary the notice without first consulting and having regard to the views of the authority under that Act to whom an application for a permit for that activity would otherwise have to be made.\n\t(3)\tThe Board may, by notice in writing to the lessee, vary or revoke a notice under this section.\n\t(4)\tIf a lessee fails to comply with a notice under subsection (1), the Board may cause the required action to be carried out and may recover the cost of doing so from the lessee as a debt.\n\t(5)\tIf a lessee fails to comply with a notice under subsection (1), the failure constitutes a breach of the conditions of the pastoral lease.\n44—Reference areas\n\t(1)\tThe Board may, by notice in the Gazette, declare a specified area of pastoral land to be a reference area for the purposes of evaluating the effect that the grazing of stock has on the land.\n\t(2)\tA reference area—\n\t(a)\tcannot exceed one square kilometre in size; and\n\t(b)\twill, where necessary, be fenced by the Minister.\n\t(3)\tA lessee is not obliged to maintain a reference area or its fences, subject to any agreement between the lessee and the Minister to the contrary.\n\t(4)\tThe lessee of pastoral land on which a reference area is established—\n\t(a)\tmust not, if the area is fenced, allow any stock within the reference area; and\n\t(b)\tmust, if the Board so requires, inspect the area and its fences and make reports to the Board in accordance with the directions of the Board.\nMaximum penalty: $5 000.\n\t(5)\tThe Board may, by notice in the Gazette, vary or revoke a notice under this section.\n\t(6)\tThe lessee of pastoral land on which a reference area is established is not entitled to compensation for any reduction in the value of the lease resulting from the establishment of the reference area, but any such reduction in value will be taken into account when the lease is next revalued for the purposes of rent determination.\n","sortOrder":3},{"sectionNumber":"Part 6","sectionType":"part","heading":"Access to pastoral land","content":"Part 6—Access to pastoral land\nDivision 1—Public access routes and stock routes\n45—Establishment of public access routes and stock routes\n\t(1)\tA public access route is a route dedicated as a public access route pursuant to this section.\n\t(2)\tA stock route is a route—\n\t(a)\tdelineated as a stock route on a prescribed plan; or\n\t(b)\tdedicated as a stock route pursuant to this section.\n\t(3)\tThe Board may, by notice in the Gazette—\n\t(a)\tdedicate delineated routes over pastoral land as public access routes or stock routes, or both; or\n\t(b)\tvary or revoke a notice under this section.\n\t(4)\tA map in a notice published under this section must also show all public roads that cross the pastoral land, and all stock routes delineated on a prescribed plan that cross the land.\n\t(5)\tA notice must not be published under this section unless—\n\t(a)\tthe proposal to be implemented by the notice has been published in a newspaper circulating generally in the State inviting members of the public to comment on the proposal within a specified period of not less than three months; and\n\t(b)\tthe Board has considered any such comments; and\n\t(c)\tthe Board has consulted with—\n\t(i)\tall pastoral lessees affected by the proposal; and\n\t(ii)\tthe regional landscape board for the region within which the public access route or stock route lies; and\n\t(iii)\tsuch organisations as the Board believes have an interest in the matter.\n\t(6)\tSubsection (5) does not apply in relation to the temporary closure of a public access route or stock route, or any part of such a route, pursuant to subsection (7).\n\t(7)\tOn being satisfied, on the application of a lessee, that it is necessary to do so for the purposes of the safety of the public, the management of stock or the carrying out of rehabilitative work on land adjacent to the route, the Board may, by notice in the Gazette, temporarily close a public access route or a stock route, or a part of such a route and, for that purpose, may require the lessee to erect such signs or barriers as the Board thinks fit for the purpose of warning the public of the closure.\n\t(8)\tIf a public access route or a stock route as delineated on a prescribed plan or on a map published under this section differs from the route as it exists on the ground or as marked out on the ground, the latter prevails.\n\t(9)\tOn a public access route or stock route being established—\n\t(a)\tthe lessee's rights under the pastoral lease over the land comprising the route cease; and\n\t(b)\tthe care, control and management of the route is vested in the Minister,\nbut the Minister is not thereby obliged to maintain any such route.\n\t(10)\tHowever, the Minister may, if of the opinion that an access route has suffered considerable damage as a result of it being used by members of the public, contribute towards the repair or maintenance of the route.\n\t(11)\tA lessee of pastoral land over which a public access route or stock route is established is not obliged and cannot be required to keep stock off the route, and may use the route for the purposes of droving stock.\n\t(12)\tThe lessee of pastoral land over which a public access route or stock route is established is not entitled to compensation for any reduction in the value of the lease resulting from establishment of the route, but any such reduction in value will be taken into account when the lease is next revalued for the purposes of rent determination.\nDivision 2—Travelling stock\n46—Travelling with stock\n\t(1)\tA person may, after giving notice in accordance with the regulations to the lessee of pastoral land, travel with stock across the land.\n\t(2)\tWhere the predominant purpose of a person exercising the powers conferred by subsection (1) is to obtain feed for the stock from land comprised in the lease, that person is liable to pay compensation to the lessee in accordance with the regulations.\n\t(3)\tA person who exercises powers conferred by this section—\n\t(a)\tmust—\n\t(i)\tif there is a stock route across the land—use the stock route;\n\t(ii)\tif there is no such stock route—use a route directed by the lessee;\n\t(iii)\tin the absence of a stock route and directions from the lessee—use the most direct practicable route; and\n\t(b)\tmust travel the stock across the land—\n\t(i)\tin the case of sheep—not less than 8 kilometres each day;\n\t(ii)\tin the case of cattle—not less than 16 kilometres each day; and\n\t(c)\tmust comply with any conditions imposed by the regulations.\n\t(4)\tIf pastoral land is fenced, the lessee must, for the purpose of facilitating the exercise of rights conferred by this section—\n\t(a)\tprovide a gate or other means of access at any point at which the fence is intersected by a stock route; and\n\t(b)\tprovide such other gates or other means of access as are necessary so that the length of fence between points of access does not exceed 16 kilometres.\n","sortOrder":4},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Indigenous land use agreements","content":"Division 2A—Indigenous land use agreements\n46A—Indigenous land use agreement binding on lessees\n\t(1)\tAn ILUA that is in force in relation to pastoral land is binding on the current lessee of the land whether or not the lessee was the person with whom the ILUA was made.\n\t(2)\tA lessee of pastoral land may enter an ILUA in relation to contiguous pastoral land that is under the lessee's management and control (and the lessee of the contiguous pastoral land will be taken not to be the occupier of that land for the purposes of this Division).\n\t(3)\tAn ILUA that is in force in relation to pastoral land the subject of subsection (2) is binding on the current occupier of the land whether or not the occupier was the person with whom the ILUA was made.\n46B—Immunity from liability\n\t(1)\tSubject to this section, no civil liability attaches to a party to an ILUA for injury, damage or loss—\n\t(a)\tcaused by another party to the ILUA; or\n\t(b)\tsuffered by a person who is unlawfully on pastoral land the subject of the ILUA unless the injury, damage or loss was caused intentionally or through gross negligence.\n\t(2)\tSubject to this section, an ILUA may—\n\t(a)\tmodify the duty of care or standard of care required of a party to an ILUA as against another party to the ILUA; or\n\t(b)\tlimit the civil liability of a party to an ILUA as against another party to the ILUA.\n\t(3)\tTo avoid doubt, sections 17C(4) and (6) of the Wrongs Act 1936 do not apply to an occupier of pastoral land the subject of an ILUA.\n\t(4)\tNothing in this section affects the operation of a statutory insurance or compensation scheme.\n\t(5)\tFor the purposes of this section, a reference to—\n\t(a)\ta party to an ILUA includes a reference to—\n\t(i)\tin the case of a lessee of pastoral land—\n\t(A)\tthat lessee, in relation to pastoral land used by the lessee for pastoral purposes that is contiguous to land the subject of the pastoral lease; and\n\t(B)\ta family member, employee or invitee (not being a person entering the pastoral land under section 48) of the lessee that is on the pastoral land; and\n\t(ii)\tin the case of a native title group—an invitee of an Aboriginal person exercising a right of entry or staying on the pastoral land under the ILUA or section 47(1);\n\t(b)\ta reference to pastoral land includes a reference to contiguous land that is located within the perimeter fence line of land the subject of a pastoral lease, but is not the subject of the lease.\n46C—ILUA to be endorsed on lease\n\t(1)\tIf an ILUA is entered in relation to pastoral land, the Minister must cause a notice of that fact (in a form approved by the Registrar-General) to be lodged with the Registrar-General.\n\t(2)\tThe Registrar-General must, on receipt of a notice under subsection (1), endorse on the relevant pastoral lease or pastoral leases the fact that an ILUA has been entered in relation to pastoral land the subject of the lease or leases.\n\t(3)\tNo stamp duty or fee is payable in respect of a notice lodged or action of the Registrar-General pursuant to this section.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Public access","content":"Division 3—Public access\n47—Rights of Aboriginal persons\n\t(1)\tDespite this Act or any pastoral lease granted under this Act or the repealed Act, but subject to this section, an Aboriginal person may enter, travel across or stay on pastoral land for the purpose of following the traditional pursuits of the Aboriginal people.\n\t(2)\tSubsection (1) does not give an Aboriginal person a right to camp—\n\t(a)\twithin a radius of one kilometre of any house, shed or other outbuilding on pastoral land; or\n\t(b)\twithin a radius of 500 metres of a dam or any other constructed stock watering point.\n\t(3)\tAn ILUA in force in relation to particular pastoral land may—\n\t(a)\tconfer a right to enter, travel across or stay on the land in addition to the rights conferred by subsection (1); or\n\t(b)\tremove or qualify, or make any other provision in relation to, the rights conferred by subsection (1).\n48—Right to travel across and camp on pastoral land\n\t(1)\tSubject to this Act, a person may travel (by any means) or camp temporarily on a public access route.\n\t(2)\tSubject to this Act and to the terms (if any) of an ILUA relating to public access and activities on the land in force in relation to the land, a person may, on giving oral or written notice to the lessee, travel across pastoral land (otherwise than on a public access route) by any means other than a motor vehicle, a horse or a camel and, in the course of so travelling, camp temporarily on the land.\n\t(2a)\tA term of an ILUA may only limit a right conferred by subsection (2) to the extent reasonably necessary for the following purposes:\n\t(a)\trestricting public access to places identified by the native title group as being places of cultural significance;\n\t(b)\tpreventing injury, damage or loss to any person that may arise from an activity undertaken under the ILUA or under section 47(1);\n\t(c)\tprotecting an activity of the native title group on pastoral land the subject of the ILUA.\n\t(3)\tSubject to this Act, a person may, with the consent of the lessee or the Minister, travel across pastoral land (otherwise than on a public access route) by means of a motor vehicle, a horse or a camel and, in the course of so travelling, camp temporarily on the land.\n\t(4)\tThis section does not give a person the right to camp—\n\t(a)\twithin a radius of one kilometre of any house, shed or other outbuilding on the land; or\n\t(b)\twithin a radius of 500 metres of a dam or any other constructed stock watering point on the land.\n\t(5)\tA person who proposes to travel across or camp on pastoral land in the manner referred to in subsection (3) must first seek the lessee's consent to the proposal and the lessee may refuse that consent if of the opinion that it is necessary to do so for the purposes of the safety of the public, the management of stock or the carrying out of rehabilitative work on the land or for any other good and sufficient reason.\n\t(6)\tIf the lessee refuses to consent to a proposal under subsection (5), the person may seek the Minister's consent to the proposal.\n\t(7)\tThe Minister may, without consulting the lessee, consent to the proposal but, if the Minister consents to the proposal without consulting the lessee, the proposal cannot be carried out until the Minister has notified the lessee that consent has been given.\n\t(8)\tThe Minister incurs no liability by virtue of giving consent to a proposal to travel across or camp on pastoral land.\n\t(8a)\tA lessee must not give consent under subsection (5), or the Minister under subsection (7), to a proposal to travel across or camp on pastoral land in a manner referred to in subsection (3) if to do so would be inconsistent with the terms (if any) of an ILUA in force in relation to the land relating to public access and activities on the land.\n\t(9)\tFor the purposes of this section, camping is temporary if it is for a period not exceeding two weeks or, if some other greater or lesser period is prescribed in respect of a particular area, that period in relation to camping in that area.\n\t(10)\tAn authorised person may give to a person travelling across or camping on pastoral land the subject of an ILUA such directions as may be reasonably required for the purpose of giving effect to a term of an ILUA relating to one or more of the purposes referred to in subsection (2a).\n\t(11)\tA person who, without lawful authority or reasonable excuse, fails to comply with a direction under subsection (10) is guilty of an offence.\nMaximum penalty: $1 250.\n\t(12)\tIn this section—\nauthorised person means—\n\t(a)\tthe lessee of pastoral land the subject of the ILUA; or\n\t(b)\tthe native title group in relation to pastoral land the subject of the ILUA; or\n\t(c)\tan employee of the lessee or other person acting on the authority of the lessee.\n\t(13)\tIn proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified pastoral land will be accepted, in the absence of proof to the contrary, as proof of the authorisation.\n48A—Public register\n\t(1)\tThe Minister must maintain a public register in relation to this Division.\n\t(2)\tThe public register must contain—\n\t(a)\tdetails of each pastoral lease the subject of an ILUA; and\n\t(b)\tcontact details of each lessee of pastoral land the subject of an ILUA; and\n\t(c)\tcontact details of each native title group who is a party to an ILUA; and\n\t(d)\tinformation relating to the terms (if any) of an ILUA relating to the access of Aboriginal persons onto pastoral land the subject of an ILUA; and\n\t(e)\tinformation relating to the terms (if any) of an ILUA relating to public access onto pastoral land the subject of an ILUA.\n\t(3)\tThe public register may be kept in the form of a computer record.\n\t(4)\tThe public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister.\n\t(5)\tThe Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection.\n\t(6)\tThe Minister must ensure that the public register can be inspected at a website determined by the Minister.\n\t(7)\tFor the purposes of subsection (2)(c), a native title group does not include a person who would not, but for the operation of paragraph (c) of the definition of native title group in section 3(1), be included in the definition of native title group.\n48B—Trespassers on pastoral land the subject of an ILUA\n\t(1)\tIf—\n\t(a)\ta person trespasses on pastoral land the subject of an ILUA; and\n\t(b)\tthe nature of the trespass is such as to interfere with the enjoyment of the land by the lessee or the native title group; and\n\t(c)\tthe trespasser is asked by an authorised person to leave the land,\nthe trespasser is, if he or she fails to leave the land forthwith or again trespasses on the land within 24 hours of being asked to leave, guilty of an offence.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(2)\tA person who trespasses on pastoral land the subject of an ILUA must, if asked to do so by an authorised person, give his or her name and address to the authorised person.\n\t(3)\tAn authorised person, on asking a trespasser to leave pastoral land the subject of an ILUA or to give a name and address, must, if the trespasser so requests, inform the trespasser of—\n\t(a)\tthe authorised person's name and address; and\n\t(b)\tthe capacity in which the person is an authorised person under this section.\n\t(4)\tIn this section—\nauthorised person means—\n\t(a)\tthe lessee of pastoral land the subject of the ILUA; or\n\t(b)\tthe native title group in relation to pastoral land the subject of the ILUA; or\n\t(c)\tan employee of the lessee or other person acting on the authority of the lessee; or\n\t(d)\ta person acting on the written authority of the native title group;\npastoral land includes a building or structure.\n\t(5)\tIn proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified pastoral land will be accepted, in the absence of proof to the contrary, as proof of the authorisation.\n\t(6)\tFor the purposes of subsection (4)(d), a native title group does not include a person who would not, but for the operation of paragraph (c) of the definition of native title group in section 3(1), be included in the definition of native title group.\n49—Public access not to be obstructed\n\t(1)\tA person must not, without lawful authority, place any obstruction across a public access route or stock route.\n\t(2)\tIf any pastoral land over which a public access route is established is fenced, the lessee—\n\t(a)\tmust provide a gate or other means of access at the point of intersection; and\n\t(b)\tmust keep any such gate unlocked.\n","sortOrder":6},{"sectionNumber":"Part 7","sectionType":"part","heading":"Reviews","content":"Part 7—Reviews\n","sortOrder":7},{"sectionNumber":"Div 1","sectionType":"division","heading":"Reviews by Tribunal","content":"Division 1—Reviews by Tribunal\n50—Jurisdiction of Tribunal\n\t(1)\tA lessee who is dissatisfied with—\n\t(a)\ta decision to vary the conditions of a pastoral lease; or\n\t(b)\ta decision not to extend the term of a pastoral lease; or\n\t(c)\ta decision under section 41 (property plans); or\n\t(d)\ta decision under section 45 (establishment of public access routes and stock routes); or\n\t(e)\ta refusal of consent to a transfer, assignment, mortgage, subletting or other dealing with a pastoral lease; or\n\t(f)\ta decision to cancel a pastoral lease or impose a fine on a lessee for breach of lease conditions,\nmay apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.\n\t(2)\tAn application for review must be made within 3 months after notification of the decision to the lessee.\n\t(3)\tFor the purposes of proceedings before the Tribunal under this Part, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with expertise that would be of value to the Tribunal in exercising its jurisdiction under this part.\n\t(4)\tIn any proceedings under this Part, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (3).\n51—Operation of certain decisions pending review\n\t(1)\tSubject to this section, a decision in relation to which an application for review to the Tribunal may be made continues to operate despite the right to make such an application or the commencement of proceedings for review.\n\t(2)\tA decision to cancel a pastoral lease or impose a fine on a lessee for breach of lease conditions cannot be implemented or enforced until the period for commencing proceedings for a review of the decision has elapsed or, if an application has been made to the Tribunal, until the proceedings have been determined or withdrawn.\n\t(3)\tThe operation of a decision in relation to which an application for review to the Tribunal has been made may, on the application of the lessee, be suspended by the Tribunal in whole or in part pending the determination of the matter.\n52—Related provisions\n\t(1)\tThe Tribunal may not allow non‑party intervention in proceedings before the Tribunal under this Division.\n\t(2)\tThe Tribunal must require the parties to proceedings under this Division to attend a compulsory conference under section 50 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(3)\tCounsel for the parties to proceedings under this Division are not entitled to attend a compulsory conference under subsection (2).\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"Review of valuation and review by Tribunal","content":"Division 2—Review of valuation and review by Tribunal\n53—Valuations—right of review\n\t(1)\tA lessee who is dissatisfied with a determination by the Valuer‑General of the annual rent for the lessee's pastoral lease may, within 3 months of receiving a copy of the notice of determination—\n\t(a)\tapply to the Valuer‑General for a review of the determination; or\n\t(b)\tapply to the Tribunal for a review of the determination.\n\t(2)\tThe Valuer‑General must, on the written request of a lessee who is dissatisfied with a determination of annual rent, endeavour to resolve the matter informally by conferring with the lessee, whether or not the lessee has lodged an application for review under subsection (1).\n\t(3)\tAn application under subsection (1)(a) must be made, and will be dealt with, in accordance with the Valuation of Land Act 1971, as if it were an application for review of a valuation under that Act.\n\t(4)\tIf the lessee or the Valuer‑General is dissatisfied with the decision of a land valuer on a review under subsection (3), the lessee or the Valuer‑General may, within 1 month of receiving notification of the decision, apply to the Tribunal for a review of the decision.\n\t(5)\tFor the purposes of the South Australian Civil and Administrative Tribunal Act 2013, an application to the Tribunal under this Division will be taken to come within the Tribunal's review jurisdiction but, in the exercise of this jurisdiction, the Tribunal will consider the matter de novo (adopting such processes and procedures, and considering and receiving such evidence or material, as it thinks fit for the purposes of the proceedings).\n","sortOrder":9},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n57—Misuse of pastoral land\n\t(1)\tA person who, without lawful authority or excuse—\n\t(a)\toccupies pastoral land; or\n\t(b)\tbrings animals onto pastoral land or causes or permits animals (for which the person is responsible) to enter or remain on pastoral land; or\n\t(c)\tdamages or interferes with pastoral land, or anything on pastoral land; or\n\t(d)\tcuts down, lops branches from or otherwise damages any living tree or bush on pastoral land; or\n\t(e)\tpollutes any water on the land, whether stored or a natural source of water; or\n\t(f)\tdeposits litter or abandons any goods on pastoral land; or\n\t(g)\terects or places any structure on pastoral land; or\n\t(h)\thunts or shoots on pastoral land,\nis guilty of an offence.\nMaximum penalty: $10 000.\nExpiation fee: $315.\n\t(2)\tIn proceedings for an offence against subsection (1), the onus of proving lawful authority or excuse lies on the defendant.\n58—Notice to be given of cattle muster\n\t(1)\tSubject to subsection (2), a person must not muster cattle on pastoral land outside the dog fence unless at least 14 but not more than 28 days notice in writing of the proposed muster has been given to the occupiers of adjacent land.\n\t(2)\tSubsection (1) does not require notice to be given to a particular occupier of adjacent land if an agreement, approved by the Board, for the giving of some other form or period of notice exists between the person proposing to muster and that occupier.\n59—Right to take water\n\t(1)\tA person exercising a right of access to or through pastoral land pursuant to this Act—\n\t(a)\tmay take water from any natural source or storage point on the land, but only so much as is sufficient for his or her personal or domestic needs; and\n\t(b)\tin the case of a person travelling with stock, may permit the stock access to water on the land, subject to compliance with such directions as the lessee may give.\n\t(2)\tThe holder of a mining tenement over pastoral land may, with the approval of the Board, take reasonable quantities of water from any natural source or storage point on the land for mining, personal or domestic purposes, but not so as to deprive the lessee of the water necessary for all of the lessee's purposes.\n\t(3)\tA person who takes water pursuant to subsection (2) is liable to pay compensation to the lessee in accordance with the regulations.\n\t(4)\tSubsections (1) and (2) do not entitle a person to take water from a domestic rainwater tank.\n\t(5)\tThis section is subject to the Landscape South Australia Act 2019.\n60—Policing powers\n\t(1)\tAn authorised officer may—\n\t(a)\trequire any person who is on pastoral land without lawful authority or excuse to leave the land;\n\t(b)\trequire any person reasonably suspected of having committed an offence in relation to pastoral land to state his or her name and address;\n\t(c)\tarrest any person on pastoral land who is reasonably suspected of having committed an offence in relation to pastoral land.\n\t(2)\tA person who fails to comply with a requirement under subsection (1) is guilty of an offence.\n\t(3)\tA person arrested under this section must be taken as soon as practicable to the nearest police station.\n61—Powers of entry etc\n\t(1)\tSubject to this section, an authorised officer, a member of the Board, the Minister or any other person authorised by the Minister for the purpose may, at any reasonable time, exercise any of the following powers in relation to pastoral land:\n\t(a)\tenter the land;\n\t(b)\tcarry out an inspection of the land;\n\t(c)\ttake samples from the land;\n\t(d)\ttake photographs;\n\t(e)\tcarry out work authorised by the Board pursuant to this Act on the land.\n\t(2)\tA person cannot exercise powers under subsection (1) unless reasonable notice has been given to the lessee, orally or in writing, but no such notice need be given in the following circumstances:\n\t(a)\twhere it is not practicable to do so; or\n\t(b)\twhere the person believes on reasonable grounds that an offence has been, is being or is about to be committed on the land, or that a breach of the conditions of the pastoral lease has occurred or is occurring.\n\t(3)\tAn authorised officer or person may seize any animals found trespassing on pastoral land.\n\t(4)\tAny such animals will be impounded, sold or destroyed in accordance with policies determined by the Minister.\n\t(5)\tA person exercising powers under this section may be accompanied by such assistants as are reasonably necessary in the circumstances.\n\t(6)\tAn authorised officer or other person must at the request of the lessee, or an agent of the lessee, produce for the inspection of that person a certificate or other proof of his or her authority to exercise the powers conferred by this section.\n62—Act does not derogate from Mining Act, Opal Mining Act or Petroleum and Geothermal Energy Act\nNothing in this Act derogates from the operation of the Mining Act 1971, the Opal Mining Act 1995 or the Petroleum and Geothermal Energy Act 2000 or of a tenement granted under any of those Acts.\n63—Offence of hindering or obstructing person exercising powers under this Act\n\t(1)\tA person who intentionally hinders or obstructs a person acting in the exercise of powers conferred by this Act is guilty of an offence.\nExpiation fee: $210.\n\t(2)\tA person who addresses offensive language to a person acting in the exercise of powers conferred by this Act is guilty of an offence.\nExpiation fee: $210.\n\t(3)\tA person who assaults a person acting in the exercise of powers conferred by this Act is guilty of an offence.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n65—Duty of Registrar-General\n\t(1)\tThe Registrar-General will—\n\t(a)\tissue such pastoral leases; or\n\t(b)\tcancel such pastoral leases; or\n\t(c)\tmake such endorsements on pastoral leases or other instruments,\nas may be necessary or expedient for the purposes of the administration of this Act.\n\t(2)\tThe reference in this section to the issuing of a pastoral lease extends to any process (including an electronic process) under which a pastoral lease is brought into existence.\n66—Certain debts are charges over leases\nWhere pursuant to this Act the Board may recover from a lessee the costs incurred by the Board in taking action under this Act, the amount from time to time due and payable by the lessee is a charge over the pastoral lease, ranking in priority before all other charges or mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality).\n67—Service of notices\nA written notice required or authorised by this Act to be given to a person may be given as follows:\n\t(a)\tby personal service on the person or an agent of the person;\n\t(b)\tby leaving it for the person at his or her place of residence or business with someone apparently over the age of 16 years;\n\t(c)\tby serving it by post on the person or an agent of the person;\n\t(d)\tif the whereabouts of the person is unknown—by affixing it in a prominent position on the land to which it relates, or publishing a copy of it in a newspaper circulating generally throughout the State.\n68—Evidentiary provision\nIn any proceedings—\n\t(a)\ta certificate apparently signed by the Minister or the Chief Executive of the Department responsible to the Minister for the administration of this Act that specified land is or is not—\n\t(i)\tpastoral land; or\n\t(ii)\ta public access route; or\n\t(iii)\ta stock route; or\n\t(iv)\ta reference area,\nwill be accepted, in the absence of proof to the contrary, as proof of the matter certified;\n\t(b)\ta map or plan apparently signed by or on behalf of the Surveyor-General will be accepted, in the absence of proof to the contrary, as an accurate map or plan of the land to which it relates;\n\t(c)\ta certificate of value apparently signed by or on behalf of the Valuer-General will be accepted, in the absence of proof to the contrary, as proof of the value of the pastoral lease to which it relates as at the date of the certificate;\n\t(d)\ta certificate as to a delegation apparently signed by a body or person who has a power of delegation under this Act will be accepted, in the absence of proof to the contrary, as proof of the delegation.\n69—General defence\n\t(2)\tIn any proceedings for an offence against this Act it is a defence for the defendant to prove that, in the circumstances of the case, there was no failure on his or her part to take reasonable care to avoid commission of the offence.\n70—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\tprohibit, regulate or restrict a specified activity or a specified class of activity on pastoral land generally, or on a specified area of pastoral land, or on public access routes or stock routes generally, or on a specified route or specified part of a route;\n\t(b)\tfix standard conditions or reservations for pastoral leases;\n\t(c)\tprescribe fees and provide for their recovery or waiver by the Minister;\n\t(d)\tprescribe fines, not exceeding $1 250, for contravention of the regulations.\nSchedule—Transitional provisions\n4\tA reference to the Pastoral Board in any Act or instrument will be taken (where the context admits) to be a reference to the Pastoral Board established under this Act.\n5\t(1)\tSubject to clause 6, a lease in force under the repealed Act immediately prior to the commencement of this Act becomes, on that commencement, and continues in force as, a pastoral lease under this Act with a term of 42 years running from that commencement.\n\t(2)\tThe conditions (including covenants) and reservations of such a lease are not affected by its conversion to a pastoral lease pursuant to subclause (1), with the following exceptions:\n\t(a)\trent is payable in accordance with this Act;\n\t(b)\tno species of animal other than sheep or beef cattle can be pastured on the land as part of the commercial enterprise under the lease without the prior approval of the Board;\n\t(c)\tthe reservations relating to aboriginal persons and access to the land will be taken to have been revoked.\n\t(3)\tDespite sections 25 and 26 of the Act—\n\t(a)\tthe question of the first extension of the term of a pastoral lease to which this clause applies and the variation (if at all) of its land management conditions must be dealt with, in accordance with those sections, no later than 31 December 2000; and\n\t(b)\tany such extension must be for such period as will bring the balance of the term of the lease to 42 years.\n6\t(1)\tClause 5 does not apply to a lease in force under the repealed Act if—\n\t(a)\tthe Governor has determined that the land subject to the lease should be set aside or used for some other more appropriate purpose; or\n\t(b)\tthe Minister is satisfied that the land subject to the lease is no longer suitable for pastoral purposes,\nand written notice has been given by the Minister to the lessee proposing resumption of the land or offering some other form of tenure of the land.\n\t(2)\tAn offer of alternative tenure, if not accepted by the lessee, lapses two years after it is made.\n\t(3)\tThe following provisions apply in relation to a lease referred to in subclause (1):\n\t(a)\tthe lease continues in force despite the repeal of the repealed Act and will, subject to this Act, continue in force until expiry of its term;\n\t(b)\tthis Act applies in relation to the lease as if it were a pastoral lease under this Act, but—\n\t(i)\tthe term of the lease cannot be extended; and\n\t(ii)\tthe conditions of the lease cannot (except by agreement with the lessee) be varied by the Board;\n\t(c)\trent is payable in accordance with this Act;\n\t(d)\tthe reservations in the lease relating to aboriginal persons and access to the land will be taken to have been revoked.\n\t(4)\tOn expiry of a lease to which this clause applies—\n\t(a)\tthe lessee is entitled to compensation;\n\t(b)\tcompensation will be based on the market value of the lease as if the lessee were the holder of a pastoral lease; and\n\t(c)\tthe amount of the compensation will be determined by agreement between the Minister and the lessee or, in default of agreement, by the Supreme Court.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Pastoral Land Management and Conservation Act 1989 repealed the following:\nPastoral Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Pastoral Land Management and Conservation Act 1989\n7.9.1989\n7.3.1990 except s 12(2)—(8)—7.3.1996: s 2\n Statutes Amendment (Expiation of Offences) Act 1992\n19.11.1992\nSch—1.3.1993 (Gazette 18.2.1993 p600)\n Pastoral Land Management and Conservation (Board Membership) Amendment Act 1996\n Statutes Amendment (Water Resources) Act 1997\n19.6.1997\nPt 5 (ss 22—24)—2.7.1997 (Gazette 26.6.1997 p3052)\n Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Act 1998\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Natural Resources Management Act 2004\n5.8.2004\nSch 4 (cll 30—36)—1.7.2005 (Gazette 30.6.2005 p2093)\n Pastoral Land Management and Conservation (Miscellaneous) Amendment Act 2004\n5.8.2004\n9.9.2004 (Gazette 9.9.2004 p3610)\n Statutes Amendment (Environment and Conservation Portfolio) Act 2005\n9.6.2005\nPt 6 (ss 29 & 30) & Sch 5—23.6.2005 (Gazette 23.6.2005 p1901)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 61 (s 164)—1.6.2007 (Gazette 26.4.2007 p1352)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 109 (ss 260 & 261)—1.2.2010 (Gazette 28.1.2010 p320)\n Arkaroola Protection Act 2012\n8.3.2012\nSch 1 (cl 5)—26.4.2012 (Gazette 26.4.2012 p1496)\n Pastoral Land Management and Conservation (Renewable Energy) Amendment Act 2014\n23.10.2014\n19.9.2015 (Gazette 17.9.2015 p4278)\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 28 (ss 180—183)—1.7.2015 (Gazette 25.6.2015 p3076)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 33 (ss 187 to 191)—4.10.2018 (Gazette 28.6.2018 p2618)\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 20 (s 129)—9.8.2019 (Gazette 8.8.2019 p2948)\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cll 58 to 64)—1.7.2020 (Gazette 25.6.2020 p3502)\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 70 & 71)—1.1.2021 (Gazette 10.12.2020 p5638)\n Hydrogen and Renewable Energy Act 2023\n23.11.2023\nSch 1 (cll 4 to 11)—11.7.2024 (Gazette 11.7.2024 p2114)\n Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Act 2024\n28.3.2024\n27.6.2024 (Gazette 27.6.2024 p1894)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cll 81 to 83)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nPt 1\n\ns 2\ns 3\n\ns 3(1)\ns 3 redesignated as s 3(1) by 35/2004 s 4(4)\nAborigine\ndeleted by 35/2004 s 4(1)\nAboriginal person\ninserted by 35/2004 s 4(1)\nassociated infrastructure activity and associated infrastructure licence\ninserted by 37/2023 Sch 1 cl 4(1)\nauthorised officer\ncarbon farming\ninserted by 9/2024 s 3(1)\nconservation purposes\ninserted by 9/2024 s 3(1)\nhydrogen generation facility and hydrogen generation licence\ninserted by 37/2023 Sch 1 cl 4(2)\nILUA\ninserted by 35/2004 s 4(2)\nthe Minister\nnative title group\ninserted by 35/2004 s 4(3)\nrenewable energy infrastructure and renewable energy licence\ninserted by 37/2023 Sch 1 cl 4(3)\npastoral lease\namended by 9/2024 s 3(2)\nsolar energy facility\ninserted by 12/2014 s 4(1)\n\ndeleted by 37/2023 Sch 1 cl 4(4)\nthe Tribunal\ndeleted by 51/2017 s 187\nTribunal\ninserted by 51/2017 s 187\nunimproved value\ninserted by 64/1998 s 2\nwind farm\ninserted by 12/2014 s 4(2)\n\ndeleted by 37/2023 Sch 1 cl 4(5)\nwind farm licence\ninserted by 12/2014 s 4(2)\n\ndeleted by 37/2023 Sch 1 cl 4(5)\ns 3(2)\ninserted by 35/2004 s 4(4)\ns 3(3)\ninserted by 9/2024 s 3(3)\nPt 2\n\ns 4\namended by 35/2004 s 5\n\namended by 12/2014 s 5\n\namended by 9/2024 s 4\n\namended by 37/2023 Sch 1 cl 5\ns 5\namended by 35/2004 s 6\n\namended by 34/2004 Sch 4 cl 30\n\namended by 33/2019 Sch 5 cl 58\ns 6\ndeleted by 35/2004 s 7\ns 7\namended by 9/2024 s 5\ns 8\n\nnote inserted by 9/2024 s 6\ns 9\n\ns 9(2)\namended by 20/2005 s 29\n\namended by 12/2014 s 6(1)\n\n(ab) deleted by 37/2023 Sch 1 cl 6\ns 9(5)\namended by 12/2014 s 6(2)\ns 9(6)\ninserted by 12/2014 s 6(3)\nPt 3\n\nPt 3 Div 2\n\ns 12\n\ns 12(2)\namended by 9/1996 s 2(a)—(d)\n\namended by 8/2015 s 180(1)—(3)\n\namended by 9/2024 s 7(1)—(4)\ns 12(4) and (5)\namended by 8/2015 s 180(4)\ns 12(6)\namended by 9/1996 s 2(e)\ns 12(7)\namended by 9/1996 s 2(f)\ns 13\n\ns 13(2) and (3)\namended by 8/2015 s 181\ns 14\namended by 8/2015 s 182\ns 15\n\ns 15(2)\ns 15(4)\nsubstituted by 64/1998 s 3(a)\ns 15(5a)—(5c)\ninserted by 64/1998 s 3(b)\ns 16 before substitution by 84/2009\n\ns 16(2)\namended by 43/2006 s 164(1)\ns 16(3)\ns 16(5)\ns 16(8)\ninserted by 43/2006 s 164(2)\ns 16\nsubstituted by 84/2009 s 260\ns 17\n\ns 17(2)\namended by 20/2005 s 30\ns 18A\ninserted by 64/1998 s 4\nPt 4\n\ns 19\n\ns 19(2)\namended by 9/2024 s 8\ns 20\n\ns 20(1)\ns 20 redesignated as s 20(1) by 35/2004 s 8\n\namended by 9/2024 s 9\ns 20(2)\ninserted by 35/2004 s 8\ns 22\n\ns 22(1)\n\namended by 35/2004 s 9(1), (2)\n\namended by 34/2004 Sch 4 cl 31(1)\n\n(a)(v)(E) and (F) deleted by 34/2004 Sch 4 cl 31(2)\n\namended by 1/2012 Sch 1 cl 5\n26.4.2012\n\namended by 12/2014 s 7(1), (2)\n\namended by 33/2019 Sch 5 cl 59\n\namended by 37/2023 Sch 1 cl 7(1), (3)\n\n(a)(vii) deleted by 37/2023 Sch 1 cl 7(2)\ns 22(1a)\ninserted by 35/2004 s 9(3)\ns 22(5)\ns 22(6)\n\namended by 9/2024 s 10\ns 22(7)\ns 22(8)\ninserted by 12/2014 s 7(3)\n\ndeleted by 37/2023 Sch 1 cl 7(4)\ns 23\nsubstituted by 64/1998 s 5\ns 23(2)\namended by 34/2004 Sch 4 cl 32\n\namended by 33/2019 Sch 5 cl 60\ns 23(6)\namended by 9/2024 s 11\ns 25\nsubstituted by 35/2004 s 10\ns 25(2)\namended by 9/2024 s 12\ns 25A\ninserted by 35/2004 s 10\ns 25A(2)\namended by 8/2015 s 183\ns 25B\ninserted by 35/2004 s 10\ns 26\nsubstituted by 35/2004 s 10\ns 28\n\ns 28(6)\ns 31\n\ns 31(1a)\ninserted by 12/2014 s 8(1)\n\namended by 37/2023 Sch 1 cl 8\ns 31(2)\namended by 12/2014 s 8(2)\ns 31A\ninserted by 35/2004 s 11\ns 32\n\ns 32(3)\nsubstituted by 12/2014 s 9\n\namended by 37/2023 Sch 1 cl 9\ns 32(6)\ninserted by 51/2017 s 188\ns 37\n\ns 37(5)\ns 39\n\ns 39(2)\namended by 45/2019 Sch 1 cl 70\ns 39(3)\ninserted by 37/2023 Sch 1 cl 10\nPt 5\n\ns 41\n\ns 41(9)\namended by 34/2004 Sch 4 cl 33(1)\n\namended by 33/2019 Sch 5 cl 61(1)\ns 41(9a)\ninserted by 35/1997 s 22\n\namended by 34/2004 Sch 4 cl 33(2)\n\namended by 33/2019 Sch 5 cl 61(2)\ns 42\n\ns 42(1)\nsubstituted by 35/2004 s 12\n\namended by 9/2024 s 13(1)\ns 42(1a)\ninserted by 9/2024 s 13(2)\ns 43\n\ns 43(2a)\ninserted by 35/1997 s 23\n\namended by 34/2004 Sch 4 cl 34\n\namended by 33/2019 Sch 5 cl 62\ns 44\n\ns 44(4)\nPt 6\n\nPt 6 Div 1\n\ns 45\n\ns 45(5)\namended by 34/2004 Sch 4 cl 35\n\namended by 33/2019 Sch 5 cl 63\ns 45(10)\nPt 6 Div 2\n\ns 46\n\ns 46(3) and (4)\nPt 6 Div 2A\ninserted by 35/2004 s 13\nPt 6 Div 3\n\ns 47\n\ns 47(1)\n\namended by 35/2004 s 14(1)\ns 47(2)\namended by 35/2004 s 14(2)\ns 47(3)\ninserted by 35/2004 s 14(3)\ns 48\n\ns 48(2)\namended by 35/2004 s 15(1)\ns 48(2a)\ninserted by 35/2004 s 15(2)\ns 48(8a)\ninserted by 35/2004 s 15(3)\ns 48(10)—(13)\ninserted by 35/2004 s 15(4)\nss 48A and 48B\ninserted by 35/2004 s 16\ns 49\n\ns 49(1) and (2)\nPt 6 Div 4\ninserted by 12/2014 s 10\n\ndeleted by 37/2023 Sch 1 cl 11\nPt 7 before substitution by 51/2017\n\ns 52\n\ns 52(2)\ns 55\n\ns 55(1)\ns 56\n\ns 56(1)\nsubstituted by 64/1998 s 6(a)\ns 56(1a)\ninserted by 64/1998 s 6(a)\ns 56(3)\namended by 64/1998 s 6(b)\ns 56(5)\namended by 64/1998 s 6(c), (d)\nPt 7\nsubstituted by 51/2017 s 189\ns 50\n\ns 50(3)\namended by 14/2019 s 129\n9.8.2019\nPt 8\n\ns 57\n\ns 57(1)\namended by 71/1992 s 3(1) (Sch)\n1.3.1993\n\ns 58\n\ns 58(2)\ns 59\n\ns 59(5)\ninserted by 35/1997 s 24\n\namended by 34/2004 Sch 4 cl 36\n\namended by 33/2019 Sch 5 cl 64\ns 60\n\ns 60(2)\ns 62\n\ns 63\n\ns 63(1) and (2)\namended by 71/1992 s 3(1) (Sch)\n1.3.1993\n\ns 63(3)\ns 64\ndeleted by 84/2009 s 261\ns 68\n\n(e) deleted by 51/2017 s 190\ns 69\n\ns 69(1)\ns 70\n\ns 70(2)\nSch\nheading substituted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nSch Divs 1 and 2\nSch Div 3\n\nheading\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ncl 3\ncl 4\ncl 2 redesignated as cl 4 by 64/1998 s 8 (Sch)\ncl 5\ncl 4 redesignated as cl 5 by 64/1998 s 8 (Sch)\ncl 5(1)\ncl 5(3)\namended by 64/1998 ss 7, 8 (Sch)\ncl 6\ncl 5 redesignated as cl 6 by 64/1998 s 8 (Sch)\ncl 6(1)\ncl 6(3)\ncl 6(4)\namended by 45/2019 Sch 1 cl 71\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 33\n191—Transitional provisions\n\t(1)\tNothing in this Part affects any proceedings before PLAT or the Land and Valuation Court commenced before the relevant day.\n\t(2)\tA right to appeal to PLAT under Part 7 Division 2 of the principal Act in existence before the relevant day (and not exercised before that day) will be exercised as if this Part has been in operation before that right arose, so that the relevant proceedings may be commenced instead before SACAT.\n\t(3)\tA right to appeal to the Land and Valuation Court under Part 7 Division 3 of the principal Act in existence before the relevant day (and not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced instead before SACAT.\n\t(4)\tThe Governor may, when the Governor thinks it is appropriate to do so, by proclamation, dissolve PLAT.\n\t(5)\tWhen a proclamation is made under subsection (4) any member of PLAT, or member of a panel constituted for the purposes of PLAT, holding office at the time of the making of the proclamation will cease to hold office under the principal Act and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(6)\tIn this section—\nPLAT means the Pastoral Land Appeal Tribunal established under the principal Act;\nprincipal Act means the Pastoral Land Management and Conservation Act 1989;\nrelevant day means the day on which this Part comes into operation;\nSACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nPastoral Land Management and Conservation (Use of Pastoral Land) Amendment Act 2024, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nprincipal Act means the Pastoral Land Management and Conservation Act 1989.\n2—Approvals\nA purported approval by the Pastoral Board under the principal Act as in force before the commencement of this Act to use land subject to a pastoral lease for a purpose other than pastoral purposes (being an approval purportedly in force immediately before the commencement of this Act) continues as a valid approval under section 22(6) of the principal Act as in force after the commencement of this Act.\nHistorical versions\nReprint No 1—1.3.1993\n\nReprint No 2—4.4.1996\n\nReprint No 3—2.7.1997\n\nReprint No 4—10.9.1998\n\nReprint No 5—24.11.2003\n\n23.6.2005 (electronic only)\n\n26.4.2012\n\n9.8.2019\n\n","sortOrder":10}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":722},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has substantially expanded beyond its original 1989 focus on pastoral grazing. Major scope expansions include: (1) 2004 amendments introducing Indigenous Land Use Agreements and native title recognition; (2) 2014 and 2023 amendments adding renewable energy infrastructure and hydrogen generation facilities; (3) 2024 amendments explicitly adding carbon farming and conservation purposes as permitted uses. The Act now functions as a multi-use land management framework rather than solely a pastoral industry statute."},"complexity_factors":["Multiple defined terms with nested definitions (e.g. 'native title group' has 3 sub-paragraphs with further sub-sub-paragraphs)","Extensive cross-referencing to other Acts including Native Title Act 1993 (Cth), Hydrogen and Renewable Energy Act 2023, Landscape South Australia Act 2019","Conditional logic throughout — many powers exercisable only 'with Board approval', 'on Minister's recommendation', or 'if satisfied' of various criteria","Layered exceptions in access rights — different rules for Aboriginal persons, general public, ILUA areas, and motor vehicle access","Transitional provisions and savings clauses from multiple amendments (1996, 1998, 2004, 2014, 2017, 2019, 2023, 2024)","Dual administrative structure requiring coordination between Minister and Pastoral Board with delegation chains"],"plain_english_summary":"This South Australian law governs how vast tracts of **pastoral land** (Crown land leased for grazing livestock) are managed, protected, and accessed.\n\n**What it does:**\n- **Establishes a system of long-term leases** (42 years) over Crown land for pastoral purposes, with the Pastoral Board overseeing administration\n- **Sets duties for land care** — lessees must prevent degradation and improve land condition within their means\n- **Prohibits freehold conversion** — pastoral land generally cannot be sold outright to lessees\n- **Creates a dedicated fund** (Pastoral Land Management Fund) for research into sustainable land management\n\n**Who it affects:**\n- **Pastoral lessees** (graziers running sheep and cattle stations)\n- **Aboriginal people** — the Act recognises rights to follow traditional pursuits on pastoral land and allows for Indigenous Land Use Agreements (ILUAs)\n- **The general public** — provides rights to travel across and camp on pastoral land, subject to conditions\n- **Renewable energy developers** — recent amendments allow pastoral land to host hydrogen generation facilities and renewable energy infrastructure\n\n**Key modern additions:**\nThe Act has evolved significantly from its 1989 origins. Recent amendments now permit:\n- **Carbon farming** and **conservation purposes** on pastoral land (with Board approval)\n- **Renewable energy infrastructure** including hydrogen facilities\n- **Indigenous Land Use Agreements (ILUAs)** — registered agreements between native title groups, the Crown and lessees that can modify access rights and liability\n\n**Access and enforcement:**\n- Public can travel across pastoral land on foot (not motor vehicles) with notice to the lessee\n- Special rules apply where ILUAs are in place\n- The Pastoral Board can issue property plans, destock orders, and fines for land mismanagement\n- Decisions can be reviewed by the South Australian Civil and Administrative Tribunal (SACAT)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrieved. The page returned was an error page from the South Australian legislation website, not the content of the Act itself."},"complexity_factors":["No legislative text was actually retrieved — the source URL returned a 404 Page Not Found error","Unable to assess true legal complexity without access to the Act's provisions","Score of 1 reflects the absence of analysable content, not the simplicity of the underlying law"],"plain_english_summary":"**No legislation content was retrieved.**\n\nThe link provided for the *Pastoral Land Management and Conservation Act 1989* (South Australia) returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be because the URL or bookmark used was created before a website update on 24 March 2026, making it incompatible with the current site.\n\n**What this means for you:** No analysis of the actual law can be provided because the legislative text was not successfully retrieved. If you need to review this Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Contacting the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\n**What the Act generally covers (from general knowledge):** The *Pastoral Land Management and Conservation Act 1989* (SA) governs the leasing and management of pastoral land (large rural properties used for grazing livestock) in remote South Australia. It affects pastoralists (people who hold pastoral leases), the Pastoral Board, and conservation authorities. It sets rules around lease conditions, land degradation, and conservation obligations."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded from a primary focus on pastoral tenure and land management to explicitly accommodate renewable energy, hydrogen infrastructure, carbon farming and formal Indigenous land use agreements. This is reflected in inserted or amended definitions and substantive provisions: renewable energy, hydrogen generation facility and associated licences are referenced in the definitions and lease reservations (s3; s22(1)(c)(iii); s31(1a); s32), compensation recovery from hydrogen licence holders is provided for (s39(3)), carbon farming and conservation purposes are now explicit permitted uses (s3 definitions; s4(f)–(h)), and ILUA provisions were inserted to bind lessees, record agreements and modify liabilities (s46A–46C). The legislative history entries show these changes were made across multiple amendment Acts (see entries for 2004, 2014, 2023 and 2024)."},"complexity_factors":["Multiple decision-makers with broad discretion: Minister and Pastoral Board with delegation powers (s10, s17, s18).","Frequent cross-references to other statutes and external authorities (Hydrogen and Renewable Energy Act 2023, Landscape South Australia Act 2019, Native Title Act 1993, Valuation of Land Act 1971) — raising interpretive complexity (see s3 definitions, s22(a)(v), s41(9a), s23(2)).","Varied remedy and enforcement mechanisms (fines, cancellation, cost recovery, charge over lease) and different notice/appeal timetables (s37, s41(4)–(5), s66, s50–51).","Technical administrative procedures required of lessees (14‑year scientific assessments s25, annual stock declarations and possible musters s42, property plans s41).","Multiple special-purpose provisions added over time — renewable energy, hydrogen, carbon farming, ILUAs — increasing branches of application (s3, s4, s31(1a), s32, s46A–46C).","Interactions between valuation/rent setting (Valuer‑General s23) and Ministerial direction create potential policy-valuation tensions and practical complexity (s23(4)).","Mixed rights regimes: private lease rights, public access routes, Aboriginal rights and ILUAs create overlapping access and liability rules (s45–49, s46A–46C)."],"plain_english_summary":"What this law does, who it affects, and how it works\n\n- Mechanical effect: The Act creates and governs pastoral leases — a Crown tenancy for running stock and related activities on Crown land (see s3 definitions, s19). It sets out how leases are granted, the standard conditions they carry, how rent is calculated and reviewed, the Board and Minister's administrative powers, lessees' duties, enforcement tools (fines, cancellation, recovery of costs), and review rights to the Tribunal (Parts 3–8). Key administrative bodies and processes include the Pastoral Board (established s12; functions s17), the Minister (delegation s10), periodic land condition assessments (s25), property plans and notices to remediate or destock (s41, s43), and an appeal route to the South Australian Civil and Administrative Tribunal (s50).\n\n- Who is affected: Primary affected parties are lessees of pastoral land (duties and obligations at s7, s22, s41, s42), the Crown (as landlord and decision-maker via the Minister and Board, see s5, s10, s17), Aboriginal peoples and native title groups (entry, traditional pursuits and ILUAs at s47–46C), parties seeking to develop renewable energy or hydrogen infrastructure on pastoral land (definitions and interaction with Hydrogen and Renewable Energy Act 2023 at s3, and resumption provisions s31(1a), s32), neighbours and the public who use stock routes or public access routes (s45–46), and holders of registered interests or caveats over leases (notice provisions s40).\n\n- Why it matters (official object and practical consequence): The Act’s stated objects include prudent management and conservation of pastoral land, monitoring and prevention of degradation, and supporting a tenure form conducive to pastoral industry viability (s4). It also recognises Aboriginal traditional pursuits on pastoral land (s4(d)), allows pastoral land to be used concurrently for renewable energy, hydrogen facilities, carbon farming or conservation (s4(f)–(h); s3 definitions), and establishes an income-backed fund for pastoral land management research (Pastoral Land Management Fund, s9).\n\nHow the Act changes incentives and who bears costs\n\n- Who pays: Lessees pay annual rent determined against unimproved value (s23), are exposed to fines for breaches (s37), may be charged for Board-ordered remediation work or for costs of musters or property plans prepared by the Board (s41(4)–(5), s42(4)–(5), s43(4)), and may bear costs arising from temporary loss of land use (no compensation for reference areas s44(6); leases surrendered may revert to Crown free of encumbrances s28(8)). The Fund is partly financed by a prescribed percentage of rent receipts when rent exceeds administration costs (s9(2)(a)).\n\n- Who decides and discretionary points: The Minister and the Pastoral Board hold broad decision-making powers: granting and resuming leases (s19, s32), approving or varying land-management conditions (s22(1)–(3), s26), consenting to dealings in leases (s28), fixing penalties for late payment (s35), dedicating public access routes (s45), and delegating powers (Minister s10; Board s18). These powers create points where administrative discretion will determine outcomes for lessees, developers and communities (see s5 on duty to act consistently with objects).\n\n- Behaviour the law requires or discourages: Lessees must manage land according to good land-management practices and prevent degradation (s7), submit to periodic scientific land assessments every 14 years or sooner (s25), lodge annual or ad hoc statutory declarations of stock levels (s42), and comply with property plans or Board notices to carry out remediation or destocking (s41, s43). Public and Aboriginal access rights are preserved with limits and procedural conditions (s47–48).\n\nTrade-offs, implementation risk and compliance burden\n\n- Compliance burden: Lessees face administrative obligations (annual stock declarations s42, cooperating with assessments s25, preparing or implementing property plans s41) and potential costs if the Board prepares plans or carries out work and recovers costs (s41(4)–(5), s43(4)). There is also a transactional requirement for Ministerial consent before dealing with leases or share changes in leaseholding companies (s28, s30).\n\n- Implementation risk and discretion: Many important outcomes depend on Minister or Board judgments (s17, s26, s32). For example, resumption for infrastructure (including hydrogen facilities) triggers specific notice periods and compensation rules (s32(3); compensation s39). The Valuer‑General sets rent using statutory factors (s23(2)), but the Valuer‑General must act on Ministerial direction if directed (s23(4)(b)), creating an interaction between administrative policy and valuation practice.\n\n- Costs, incentives and opportunity cost: The Act prevents conversion of pastoral leases to freehold (s8), preserving Crown retention of pastoral land. That reduces lessees' ability to acquire fee simple but retains land for pastoral, conservation or renewable uses under lease tenure. Where pastoral land is resumed for hydrogen generation or associated infrastructure, compensation is payable but the Minister may recover that amount from the licence holder for the infrastructure (s39(3)) — shifting some resumption cost to developers where the resumption is for their facility.\n\nRights, dispute resolution and public registers\n\n- Indigenous and public access: Aboriginal persons retain statutory rights to enter and follow traditional pursuits on pastoral land subject to limited exclusion zones (s47). ILUAs registered under Commonwealth law bind lessees (s46A), can limit liability between parties (s46B), and must be endorsed on leases and recorded in a public register the Minister maintains (s46C, s48A).\n\n- Dispute resolution: Lessees can seek review of many Board or Minister decisions before the SACAT Tribunal (s50–53). Certain enforcement actions (cancellation or fines) cannot be implemented until appeal periods lapse or proceedings finish (s51(2)).\n\nConcrete mechanisms that concentrate benefits or costs\n\n- Concentrated benefits: The Act allows the Minister (and where relevant the Board) to offer specific parcels to particular persons in limited circumstances (s19(3)(c)), and to approve non‑pastoral uses (renewables, hydrogen, carbon farming) with Board approval (s22(1)(c), s22(6)). Those approvals can confer predictable commercial advantage to developers or to lessees awarded special consents.\n\n- Diffuse costs and public goods: Requirements for land rehabilitation, monitoring and property plans (s25, s41) are aimed at maintaining renewable resources; costs of remediation may fall on lessees in breach or be recovered by the Board (s41(4)–(5), s43(4)). The Pastoral Land Management Fund (s9) channels a portion of rent revenue to research and related projects, creating a public-good funding mechanism financed by the sector and Parliament.\n\nImplementation signals and practical effects (summary)\n\n- The Act preserves Crown control over pastoral lands while laying down a regulatory framework for sustainable grazing, public and Indigenous access, and the co‑location of renewable energy and hydrogen infrastructure with pastoral uses. It imposes recurring compliance duties on lessees (assessments, stock declarations, property plans), vests significant discretion in the Minister and the Pastoral Board, establishes valuation and rent procedures (s23), and creates enforcement and review paths (fines, cancellation, Tribunal review s37, s50). Relevant provisions that expanded the Act’s reach to renewable energy, hydrogen facilities, carbon farming and ILUAs appear in the definitions and amendments cited (see s3, s4, s22, s31(1a), s32, s46A–46C, and the legislative history entries)."}},"importantCases":[],"_links":{"self":"/api/acts/pastoral-land-management-and-conservation-act-1989","history":"/api/acts/pastoral-land-management-and-conservation-act-1989/history","analysis":"/api/acts/pastoral-land-management-and-conservation-act-1989/analysis","conflicts":"/api/acts/pastoral-land-management-and-conservation-act-1989/conflicts","importantCases":"/api/acts/pastoral-land-management-and-conservation-act-1989/important-cases","documents":"/api/acts/pastoral-land-management-and-conservation-act-1989/documents"}}