42Cultivation of applicable Western land generally requires consent

#### 42 Cultivation of applicable Western land generally requires consent 42 Cultivation of applicable Western land generally requires consent > > (1) The responsible occupier for applicable Western land must not cultivate any part of the land unless— > > > > > (a) there is a cultivation consent in force for it, and > > > > > (b) the cultivation complies with all of the cultivation conditions applicable to the cultivation consent. > > > > Maximum penalty—as determined under section 11.7. > > > (2) If the Minister is satisfied that the responsible occupier for applicable Western land has cultivated the land in contravention of subclause (1), the Minister can disregard the cultivation when deciding (for the purposes of a provision of this Act, the regulations or a lease over the land) whether the land is suitable for agricultural production. > > > (3) Without limiting Division 7.4 of this Act, a contravention of subclause (1) by the holder of a holding over the land is a sufficient ground for the Minister to forfeit the holding. > > > (4) Subclauses (2) and (3) apply regardless of whether or not a person has been prosecuted for, or convicted of, an offence against subclause (1). > > > (5) This clause does not apply in any circumstances that may be prescribed by the regulations.