Pastoral Land Act 1992

Schedule 1 Pastoral leases for automatic conversion to perpetual pastoral leases

As in force at 27 November 2023

PASTORAL LAND ACT 1992 An Act to make provision for the conversion and granting of title to pastoral land and the administration, management and conservation of pastoral land, and for related purposes

1 Short title This Act may be cited as the Pastoral Land Act 1992.

2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

3 Interpretation (1) In this Act: Aboriginal person means a person who is a member of the Aboriginal race of Australia. animal equivalent, see section 3A(2). applicant, for Part 4, Division 1, see section 35(5). approved means approved by the Minister. Board means the Pastoral Land Board established by section 11 or, in relation to a power or function delegated under section 24 to a member or members of the Board, that member or those members. Chairperson, in relation to the Board, means the Chairperson appointed under section 16 and includes a person appointed under section 19(1) to act as the Chairperson while the person is so acting. clear, in relation to land, see section 91A.

Pastoral Land Act 1992 2 clearing period means: (a) the period determined by the Board under section 91J(1); or (b) if no period is determined by the Board under section 91J(1) – the period specified in section 91J(3). clearing permit, see section 91F(1). condition, in relation to a pastoral lease, includes a covenant and a term and, in relation to land, means the state of the land. Crown land means all lands of the Territory, including the bed of the sea within territorial limits, but does not include reserved or dedicated land. degradation, in relation to land, means a decline in the condition of the natural resources of the land, including the capacity of the land to sustain pastoral productivity, resulting directly or indirectly from human activities on or affecting the land. District means a pastoral district into which the Territory is divided under section 8. estimated carrying capacity, see section 3A(1). feral animal means an animal of a kind introduced into Australia since 1787 that is living in a wild state. homestead, in relation to land the subject of a pastoral lease, means a building or group of buildings and other facilities of a substantial nature built for residential, administrative and management purposes and used for those purposes in connection with the legitimate pastoral use of the land. improved pasture, in relation to pastoral land, means a variety of plant not native to the District in which the pastoral land is situated that is sown and cultivated for consumption by grazing animals or for soil conservation or improvement purposes. improvements has the same meaning as it has in the Valuation of Land Act 1963. interested person, for Part 4, Division 1, see section 35(5A). lease transaction, for Part 4, see section 30B(1).

Pastoral Land Act 1992 3 lessee includes: (a) the person to whom a lease passes, whether by transfer or devolution; (b) a person permitted, in pursuance of an arrangement under section 50, to hold over land that was the subject of a former pastoral lease after the expiration of the term of the lease; (c) a mortgagee in possession; and (d) where applicable, a sublessee or other person in control of the relevant land. monitoring site means a monitoring site established under section 75. native vegetation, see section 91B. non-pastoral purpose, see section 85A(1). non-pastoral use permit means a permit granted by the Board under section 85A(1). NTA means the Native Title Act 1993 (Cth). pastoral land means land the subject of a pastoral lease. pastoral lease means a lease granted over Crown land for pastoral purposes and includes a pastoral homestead lease and land which, in pursuance of an arrangement under section 50, is held over by the former lessee after the expiration of the term of a pastoral lessee means a lessee under a pastoral lease. pastoral purposes means the pasturing of stock for sustainable commercial use of the land on which they are pastured or agricultural or other non- dominant uses essential to, carried out in conjunction with, or inseparable from, the pastoral enterprise, including the production of agricultural products for use in stock feeding and pastoral based tourist activities such as farm holidays, but does not include a use which, under section 91, is declared by the Board not to be a use for pastoral purposes. reference area means an area of pastoral land declared under section 74(1) to be a reference area. registered native title body corporate has the meaning given in section 253 of the NTA.

Pastoral Land Act 1992 4 registered native title claimant has the meaning given in section 253 of the NTA or, if the claimant is replaced under section 66B of the NTA, means the person who replaced the claimant. registered native title rights and interests means: (a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims, established and maintained in accordance with Part 7 of the NTA; and (b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the NTA. rehabilitate, in relation to land, means to bring the land back as near as practicable to the condition it was in before its degradation, having particular regard to its capacity to carry stock and its level of soil stability and: (a) if there is a remedial plan in force under section 76 in respect of the land – the action required to comply with the remedial plan; or (b) if there is a rehabilitation plan in force under section 91V in respect of the land – the action required to comply with the rehabilitation plan. rehabilitation direction, see section 91V(1). rehabilitation plan means the plan: (a) prepared by the Board under section 91V(2)(b); or (b) approved by the Board under section 91V(3)(a). remedial plan means a plan prepared by a pastoral lessee at the direction of the Board (or under section 76(5) by the Board) that details the proposed management of pastoral land over a specified period (or the time taken to rectify a problem) to prevent, arrest or minimise degradation of the pastoral land or to rehabilitate the land. rent means annual rental. stock means a species of animal permitted by or under this Act or the terms of a pastoral lease to be pastured on pastoral land as part of the pastoral enterprise under the lease.

Pastoral Land Act 1992 5 stop work direction means a direction given to a person under section 91T(1). sublease, for Part 4, see section 30A. sublessee, for Part 4, see section 30A. Surveyor-General means the person appointed or acting as the Surveyor-General for the Northern Territory under the Licensed Surveyors Act 1983. Tribunal, for Part 8, see section 92(1). unimproved value means unimproved capital value within the meaning of the Valuation of Land Act 1963. Valuer-General means the person appointed as the Valuer- General for the Northern Territory under the Valuation of Land Act 1963. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) In this Act, a reference to a lease as: (a) granted in perpetuity, means that the term of the lease continues indefinitely; and (b) perpetual, means that the lease is granted in perpetuity.

3A Meaning of estimated carrying capacity and animal equivalent (1) Estimated carrying capacity is the number of animal equivalents that an area of pastoral land can sustainably support, based on the unimproved native pasture of the land. (2) One animal equivalent is equal to one 450 kg non-breeding beast. (3) In this section: unimproved native pasture, in relation to pastoral land, means plants native to the District in which the pastoral land is situated.

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3B Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 3B Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

4 Objects The objects of this Act are: (a) to provide a form of tenure of Crown land that facilitates the sustainable use of land for pastoral purposes and the economic viability of the pastoral industry; (b) to provide for: (i) the monitoring of pastoral land so as to detect and assess any change in its condition; (ii) the prevention or minimisation of degradation of or other damage to the land and its indigenous plant and animal life; and (iii) the rehabilitation of the land in cases of degradation or other damage; (c) to recognise the right of Aboriginal persons to follow traditional pursuits on pastoral land; (d) to provide reasonable access for the public across pastoral land to waters and places of public interest; and (e) to provide a procedure to establish Aboriginal community living areas on pastoral land.

5 Duty of Minister and Board The Minister and the Board, in administering this Act and in exercising a power or performing a function in relation to pastoral land, shall act consistently with, and seek to further, the objects of this Act.

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6 General duty of pastoral lessees It is the duty of a pastoral lessee: (a) to carry out the pastoral enterprise under the lease so as to prevent degradation of the land; (b) to participate to a reasonable extent in the monitoring of the environmental and sustained productive health of the land; and (c) within the limits of the lessee's financial resources and available technical knowledge, to improve the condition of the land. 7 Fees The Minister may, by notice in the Gazette, prescribe the fees to be charged in connection with matters under this Act.

8 Pastoral districts The Minister may, by notice in the Gazette, after considering the recommendations, if any, of the Board, divide the Territory into such pastoral districts, and for such purposes, as the Minister thinks fit, and assign a name to each such district.

9 Power to enter pastoral land (1) The Minister or a member of the Board, or a person authorised in writing by the Minister or the Board, may at any time, after giving reasonable notice to the owner, occupier or person apparently in charge of the land, enter on pastoral land (other than a homestead on the land, unless with the permission of the lessee) for the purpose of giving effect to, or carrying out a function or exercising a power under, this Act, or for the purpose of assessing the land in connection with the preparation of an application under Part 8. (2) A person authorised by the Minister or the Board for the purposes of subsection (1) shall, on demand, show a copy of his or her written authority to the owner, occupier or person apparently in charge of the pastoral land.

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10 Delegation by Minister (1) The Minister may, by instrument in writing, delegate to a person any of the Minister's powers and functions under this Act, other than this power of delegation. (2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister. (3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.

11 Establishment of Board There is established by this Act a Board by the name of the Pastoral Land Board.

12 Composition of Board (1) The Board consists of at least 5 members appointed by the Minister. (2) An appointment under subsection (1) must be notified in the (3) The exercise of a power or the performance of a function of the Board is not affected by reason only of there being a vacancy in the membership of the Board.

13 Qualification for membership of Board In appointing members of the Board the Minister shall ensure that: (a) 2 persons who have experience as pastoralists are included; and (b) as far as practicable, the members collectively have expertise or experience that, in the opinion of the Minister, is relevant to their role as members.

14 Period of appointment Subject to this Act, a member of the Board holds office until the expiration of such period, not exceeding 4 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

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15 Alternate members (1) The Minister may, either concurrently with the appointment of a member to the Board or at a later time, appoint a person to act as the alternate of a member (other than the Chairperson ) while the member is prevented by illness, absence, the operation of section 20 or other cause considered sufficient by the Chairperson , from performing the member's duties of office. (2) An appointment under subsection (1) shall be notified in the (3) An alternate member appointed under subsection (1) holds office during the period the member for which he or she is appointed alternate holds office or for such shorter period as is specified by the Minister in the instrument of appointment. (4) The Minister shall not appoint an alternate member under subsection (1) unless the person would be qualified in his or her own right to be appointed as a member.

16 Chairperson (1) The Minister shall appoint a person who is or is to be a member of the Board to be its Chairperson . (2) An appointment under subsection (1) shall be notified in the (3) The Chairperson shall, subject to the directions of the Board, administer the affairs of the Board. (4) The Chairperson : (a) may be paid such salary, allowances and expenses; and (b) holds office on such terms and conditions, as the Administrator determines.

17 Resignation of members (1) A member of the Board may resign office by writing signed by him or her and delivered to the Minister. (2) A resignation under subsection (1) is not effective until accepted by the Minister.

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18 Dismissal of members (1) The Minister may terminate the appointment of a member of the Board for inability, inefficiency, misbehaviour or physical or mental incapacity. (2) If a member: (a) is absent, except by leave of the Board, from 3 consecutive meetings of the Board; or (b) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Minister shall terminate the appointment of the member.

19 Acting Chairperson (1) Where the Chairperson of the Board is or is expected to be absent from duty or from the Territory, the Minister may appoint a member of the Board to act as the Chairperson during the absence. (2) The validity of a decision of the Board shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a member purporting to be appointed under subsection (1) had not arisen or that an appointment under subsection (1) had ceased to have effect.

20 Disclosure of interest (1) A member of the Board who has or has had a direct or indirect proprietary or other pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of his or her interest at a meeting of the Board. (2) A disclosure under subsection (1) shall be recorded in the minutes of the Board and the member: (a) shall not, while he or she has that interest, (otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than 25 persons and of which he or she is not a director), take part after the disclosure in any deliberation or decision of the Board; and (b) shall be disregarded for the purpose of constituting a quorum of the Board,

Pastoral Land Act 1992 11 in relation to the matter.

21 Meetings of Board (1) The Chairperson shall call such meetings of the Board as are necessary for the exercise of its powers and the performance of its functions. (2) The Minister may, at any time, direct the Chairperson to convene a meeting of the Board and the Chairperson shall convene a meeting in accordance with the direction. (3) At a meeting of the Board: (a) four members of the Board (or 3 in relation to the consideration of any matter where the disregarding of a member because of section 20(2)(b) would otherwise cause a quorum to be lost) constitutes a quorum; (b) the Chairperson, if present, shall preside but in the absence of the Chairperson (including a member appointed under section 19 to act as the Chairperson) the members present shall elect one of their number to act as Chairperson and that person may exercise the powers and shall perform the functions of the Chairperson for the meeting; (c) questions arising shall be determined by a majority of the votes of the members present and voting and in the event of an equality of votes the Chairperson or other member presiding at the meeting shall have, in addition to his or her deliberative vote, a casting vote; and (d) subject to this Act, the Chairperson or other member presiding at the meeting shall determine the procedure to be followed at or in connection with the meeting. (4) The Board shall cause records of its meetings to be kept. (5) The Minister may request, and shall be provided with, a copy of the minutes of a meeting of the Board.

22 Unauthorised disclosure of confidential information (1) A member of the Board commits an offence if: (a) the member obtains information in the course of the member's duties as a member; and (b) the member intentionally engages in conduct; and

Pastoral Land Act 1992 12 (c) the conduct results in the disclosure of the information and the member is reckless in relation to the result. Maximum penalty: 200 penalty units or imprisonment for 2 years. (3) Subsection (1) does not apply if: (a) the member discloses the information: (i) for the administration of this Act; or (ii) with the consent of the person to whom the information relates; or (iii) for legal proceedings arising out of the operation of this Act; or (b) the information is otherwise available to the public. Note for subsection (3) In addition to the circumstances mentioned in subsection (3), a member who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).

23 Protection of members No action or proceeding, civil or criminal, shall lie or be continued against the Chairperson or other member of the Board for or in respect of an act or thing done in good faith by the Board or that person in the exercise or performance, or purported exercise or performance, of a power or function under this Act.

24 Delegation by Board (1) Subject to subsection (4), the Board may, by resolution, delegate to such persons, or committees of its members, as it thinks fit any of its powers and functions under this Act, other than this power of delegation. (2) A power or function delegated under this section, when exercised or performed by the delegates shall, for the purpose of this Act, be deemed to have been exercised or performed by the Board. (3) A delegation under this section does not prevent the performance of a function or the exercise of a power by the Board or the supervision by the Board of its performance or exercise by the delegate.

Pastoral Land Act 1992 13 (4) The Minister may give to the Board written guidelines as to the number of members who shall jointly as a committee perform a function or exercise a power of the Board, or as to the functions or powers that should not be delegated except to members of the Board, and when such guidelines have been given the Board shall not delegate the function or power except in accordance with the guidelines.

25 Consultation and inquiries The Board may, in exercising its powers and performing its functions under this Act, consult with such persons, associations, institutions and bodies, and make such inquiries, as it thinks fit.

26 Representation and inquiries (1) Where the Board is considering an application for a pastoral lease, it shall give to the applicant an opportunity of appearing before it and of calling evidence, examining witnesses and addressing the Board. (2) A person or body appearing before the Board in pursuance of subsection (1) may be represented by a legal practitioner or agent, and the legal practitioner or agent may examine witnesses and address the Board on behalf of the person or body on whose behalf he or she appears.

27 Protection of legal practitioners, witnesses, &c. (1) A legal practitioner or agent appearing before the Board has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court. (2) A witness summoned to attend or appearing before the Board has the same protection as a witness in proceedings in the Supreme Court.

28 Rules of evidence The Board is not bound by rules of evidence but may inform itself in such manner as it thinks fit.

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29 Functions of Board The functions of the Board are: (a) to report regularly to, and as directed by, the Minister, but in any case not less than once a year, on the general condition of pastoral land and the operations of the Board; (b) to consider applications for the subdivision or consolidation of pastoral land and make recommendations to the Minister in relation to them; (c) to plan, establish, operate and maintain systems for monitoring the condition and use of pastoral land on a District or other basis; (d) to assess the suitability of proposed new pastoral leases over vacant Crown land; (e) to direct the preparation, and monitor the implementation, of remedial plans; (f) to monitor, supervise or cause to be carried out work in relation to the rectification of degradation or other damage to (g) to monitor the numbers and effect of stock and feral and other animals on pastoral land; (h) to monitor and administer the conditions to which pastoral leases are subject; (ha) to consider and determine applications for permission to use pastoral land for a non-pastoral purpose in accordance with Part 7; (j) to make recommendations to the Minister on any matter relating to the administration of this Act; (k) to hear and determine all questions, and consider and make recommendations on all matters, referred to it by the Minister; and (m) such other functions as are imposed on it by or under this or any other Act or as directed by the Minister.

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30 Powers of Board (1) Subject to this Act, the Board has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions and the exercise of its powers. (2) For the purposes of performing its pastoral monitoring functions, the members of the Board, and persons authorised in writing for that purpose by the Board, may, after giving reasonable notice to the pastoral lessee of their intention to do so: (a) enter on pastoral land to assess the condition of the land and identify, establish and operate monitoring sites and reference areas; and (b) inspect recorded land data kept by the pastoral lessee in accordance with the requirements of or under this Act. (3) Without limiting the generality of subsection (1), the Board may, for the purposes of performing its functions or exercising its powers, including powers conferred on it elsewhere in this Act, with the approval in writing of the Minister, act as agent for the Territory or a statutory corporation.

30A Definitions In this Part lease transaction, see section 30B(1). sublease includes any agreement that confers possession of pastoral land. sublessee includes any person deriving possession under a sublease of pastoral land.

30B Meaning of lease transaction (1) A lease transaction is any one of the following: (a) transfer of a pastoral lease; (b) sublease of all or part of land the subject of a pastoral lease;

Pastoral Land Act 1992 16 (c) transfer a sublease; (d) variation or extension of a sublease; (e) any other transaction that results in a pastoral lessee or sublessee otherwise parting with possession of pastoral land. (2) For this section, where a body corporate is a lessee or sublessee, any change in the following is taken to be a transfer of the lease or sublease: (a) the ability or capacity of one or more persons to control or procure the composition of the board of directors of the lessee or sublessee; (b) the ability or capacity of one or more persons to cast or control, or procure the casting of 15% or more of the maximum number of votes that may be cast at a general meeting of the lessee or sublessee; (c) the holding of legal title to, or of a beneficial interest, direct or indirect, whether by medium of interposed corporations or trusts or otherwise, in 15% or more of the shares in the lessee or sublessee.

31 Leases for pastoral purposes (1) The Minister may, in the name of the Territory, by instrument in the appropriate form, grant a lease of Crown land for pastoral purposes. (2) Without limiting the generality of subsection (1), where a person has a right to be granted a lease of Crown land, the Minister may, in his or her discretion and in the appropriate form, lodge with the Registrar-General details of the means by which the right arose. (3) On the lodgement of the details referred to in subsection (1), the relation to the land and record the particulars in accordance with the Land Title Act 2000. (4) Despite that a lease of Crown land has not been signed by the lessee or the lessor, the recording of the particulars in the land register takes effect as a lease.

Pastoral Land Act 1992 17 (5) Without limiting the generality of subsection (1), the Minister may determine to whom a pastoral lease may be granted by inviting applications, auctioning the right to the grant, inviting tenders for the right or otherwise selling or disposing of the right. (6) The Minister shall cause notice of the disposal of the right to the grant of a pastoral lease to be published in the Gazette within 28 days after the right is given, where the right is given otherwise than: (a) by sale by auction or tender; or (b) under or in pursuance of Division 3.

32 Notice of lands available (1) Where the Minister proposes to sell or otherwise dispose of a right to the grant of a pastoral lease by auction, tender or as the result of the invitation of applications, he or she shall give notice of: (a) in the case of a sale of the right by auction – the date, time and place at which the auction will be conducted; (b) in the case of a sale of the right by tender or the sale or disposal as the result of the invitation of applications – the closing date for the submission of tenders or applications, and the place where they must be submitted; (c) a general description of the land; and (d) the place at which details of the land may be obtained. (2) Subject to subsection (4), a notice under subsection (1) shall be published in the Gazette, and by such other means, if any, as the Minister thinks fit, not earlier than 3 months or later than 28 days before the tenders or applications are to close or the sale is to take place. (3) Where the Minister proposes to include in a pastoral lease a provision by virtue of which the lessee may acquire or claim a right to another lease, the notice under subsection (1) shall include a reference to the right. (4) Where a notice under subsection (1)(b) specifies a date as the closing date for the submission of tenders or applications, the Minister may, before the closing date, by notice in the Gazette, specify a later date as the closing date for the submission of the tenders or applications and the later date so specified shall be the closing date accordingly.

Pastoral Land Act 1992 18 (5) A tender for the purchase of the right to the grant of a pastoral lease may indicate the date until which the offer to purchase remains open but, notwithstanding that such a date is indicated, the offer may be withdrawn at any time before it is accepted. (6) The Minister is not bound to accept the highest, or any, tender for the purchase of the right to the grant of a pastoral lease offered for sale in pursuance of this section. (7) The Minister may withdraw an offer of the right to the grant of a pastoral lease at any time before a person obtains the right.

33 Purchase price (1) The Minister may determine that a purchase price is payable for the right to the grant of a pastoral lease, with or without improvements, and, where the Minister does so, he or she shall fix the purchase price or the reserve price, or determine the manner in which the purchase price shall be fixed, and may determine the amount or the percentage of the purchase price or reserve price that shall be paid by a successful purchaser on entering into a contract for the purchase of the right. (2) For the purposes of subsection (1), the Minister may require the Valuer-General to make a valuation of a proposed pastoral lease.

34 Maximum holding, &c., of pastoral land (1) Subject to section 135, unless: (a) the Minister was, at the time the land or interest was or was to be acquired, of the opinion that it was or would be in the interest of the Territory and advised the person, in writing, accordingly; or (b) the land or interest was lawfully held at the commencement of this Act, a person shall not: (c) hold, either alone or together with an associate, pastoral land that exceeds in aggregate an area of 13,000 square kilometres; (d) have a direct or indirect beneficial interest, either alone or together with an associate, in pastoral land that exceeds in aggregate an area of 13,000 square kilometres;

Pastoral Land Act 1992 19 (e) hold, either alone or together with an associate and, at the same time, have a direct or indirect beneficial interest either alone or together with an associate in, pastoral land the total area of which lands exceeds in aggregate 13,000 square kilometres; or (f) hold, either alone or together with an associate, or have a direct or indirect beneficial interest either alone or together with an associate in, pastoral land, that in either case or together at the same time is worked in association with other pastoral land, whether as one station or otherwise, the total area of which lands exceeds 13,000 square kilometres. (2) For the purposes of this section: (a) a person whose holding of pastoral land or a direct or indirect beneficial interest in pastoral land comprises land or an interest in land held jointly or in common with one or more other persons (not being an associate or associates), shall be deemed to hold or have a beneficial interest (as the case may be) in an area of the land that bears the same proportion to the total area the subject of the joint or common holding or interest as the share of the person bears to the totality of the holding or interest; (b) a direct beneficial interest in pastoral land shall include a vested equitable interest in the ownership of any leasehold or under-leasehold estate in respect of pastoral land, however that interest may arise, whether as beneficiary under or pursuant to a trust, whether express, implied or constructive, or as purchaser under an uncompleted contract for sale, and accordingly may include units in a unit trust estate; (c) an indirect beneficial interest in pastoral land includes, where a company holds the pastoral land or has itself a direct beneficial interest in the pastoral land, the holding of a controlling power or interest in relation to the company, such controlling power or interest comprising: (i) the ability or capacity to control or procure the composition of the board of directors of the company; (ii) the ability or capacity to cast or control, or procure the casting of, not less than 50% of the maximum number of votes that may be cast at a general meeting of the corporation; or (iii) the holding of legal title to, or of a beneficial interest, direct or indirect, whether by medium of interposed

Pastoral Land Act 1992 20 corporations and/or trusts or otherwise, in, not less than 50% of the shares in the corporation carrying voting rights in respect of any one or more subject matters capable of resolution at a general meeting of the company; (d) an indirect interest in pastoral land also includes, where a trustee or any one of 2 or more trustees of a trust estate, having a discretion as to the disposition of income or corpus of the trust estate, holds the pastoral land or an interest in the pastoral land for and on behalf of the trust estate: (i) in the case of a trustee being a corporation, the holding of a controlling power or interest in relation to the corporation of any one or more of the kinds referred to in paragraph (c); and (ii) in the case of a trustee being a natural person, the holding of an ability or capacity to control, or procure the removal of, the trustee or the appointment of additional trustees or the exercise of the discretion as to the disposition of income or corpus of the trust estate; (e) a mortgagee under a mortgage of pastoral land shall not be taken to hold or to have a beneficial interest in the pastoral land unless and until: (i) the mortgagee is and has been in possession of the land for more than 2 years; or (ii) the mortgage has been foreclosed by order of a court or otherwise; and (f) an associate of a person means: (i) a lineal or adoptive ancestor of any degree, sibling, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person, or a spouse or de facto partner or former spouse or de facto partner of the person or of any of the persons listed in this subparagraph; (ii) a trustee of a trust estate, where the person or an associate referred to in subparagraph (i) of the person benefits or is capable of benefiting under the trust or under a subtrust in relation thereto; (iii) a partner of the person, or a person who was within the preceding 2 years a partner of the person;

Pastoral Land Act 1992 21 (iv) a company where: (A) the company is, or the majority of its directors are, accustomed or under an obligation or arrangement, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or of an associate referred to in subparagraph (i), of the person; or (B) the person is, the persons who are associates of that person by virtue of subparagraphs (i), (ii) and (iii) are, or the person and the persons who are associates of the person by virtue of those subparagraphs are, in a position to cast, or control, or procure the casting of, 50% or more of the maximum number of votes that might be cast at a general meeting of the company; (v) in the case of the person being a corporation: (A) a director or secretary of the corporation, or an associate referred to in subparagraph (i), of a director or secretary of the corporation; (B) a corporation that is a related body corporate to the first-mentioned corporation within the meaning of the Corporations Act 2001; or (C) a director or secretary of such a related body corporate, or an associate referred to in subparagraph (i), of a director or secretary of such a related body corporate; or (vi) also, in the case of the person being a corporation (the first corporation), another corporation the second corporation), where: (A) the ability or capacity to control or procure the composition of the board of directors of the second corporation is held by not less than 50% of the persons comprising or having the ability or capacity to control or procure the composition of the board of directors of the first corporation; (B) the ability or capacity to cast or control or procure the casting of not less than 50% of the maximum number of votes that may be cast at a general meeting of the second corporation is held by persons having the ability or capacity to control or procure the control of not less than 50% of the

Pastoral Land Act 1992 22 maximum number of votes that may be cast at a general meeting of the first corporation; or (C) the holding of legal title to, or of a beneficial interest, direct or indirect, whether by medium of interposed corporations and/or trusts or otherwise in, not less than 50% of the shares in the second corporation carrying voting rights in respect of one or more subject matters capable of resolution at a general meeting of the second corporation, is held by persons holding legal title to, or a beneficial interest, direct or indirect, whether by medium of interposed corporations and/or trusts or otherwise in, not less than 50% of the shares in the first corporation carrying voting rights of the same kind. (3) For the purposes of this section corporation has the same meaning as in the Corporations Act 2001.

35 Enforcement of restrictions on holdings (1) The Minister may, at any time, by written notice to a person, whether or not the person is a resident of the Territory, require the person to make, and cause to be delivered to the Minister, within such time as is specified in the notice, a statutory declaration setting out particulars of: (a) an area of pastoral land the person holds or in which the person has a direct or indirect beneficial interest within the meaning of section 34; and (b) the time and circumstances under which the person acquired the land or interest; and (c) the identity and place of residence or business of an associate within the meaning of section 34(1) in relation to the land and the time and circumstances under which the association was established; and (d) the identity and place of residence or business of all persons for whom the person specified in the notice holds pastoral land as trustee or nominee; and (e) such other information as the Minister requires for the purpose of ascertaining if a person, whether or not the person requested to make the statutory declaration, is or has been in contravention of section 34(1). (2) The notice need not identify particular pastoral land or the lessee of pastoral land.

Pastoral Land Act 1992 23 (3) In the case of a notice addressed to a corporation, the statutory declaration must be completed by its secretary or by one of its directors. (4) A person commits an offence if: (a) the person receives a notice under subsection (1); and (c) the conduct results in a contravention of the notice and the Maximum penalty: 440 penalty units and 8 penalty units for (4A) Strict liability applies to subsection (4)(a). (4B) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse. (5) The Minister may, by written notice, require a person (the applicant) making an application under section 68(1) to provide the Minister with a statutory declaration setting out the particulars mentioned in subsection (1) that the Minister requires in order to be satisfied that, on the completion of the proposed transaction, the applicant or another person would not contravene section 34(1). (5A) The Minister may, by written notice, require a person (an interested person) who, if an application under section 68(1) is approved, would gain an interest in the land subject to the application to provide the Minister with a statutory declaration setting out the particulars mentioned in subsection (1) that the Minister requires to be satisfied that, on the completion of the proposed transaction, the interested person or another person would not contravene section 34(1). (6) The Minister must not refer an application to the Board under section 68(2), or consent to the proposed lease transaction, until the applicant or the interested person has complied with a notice under subsection (5) or (5A). (7) Where the Minister has reasonable grounds to believe that a contravention of section 34(1) has occurred, and for the purpose of forming that belief the Minister may take into account the failure of a person to comply with a notice given under subsection (1), the Minister may give notice of intention to the lessee of the pastoral land in relation to which the suspected contravention has occurred, to forfeit the lease or any other pastoral lease of the lessee, and

Pastoral Land Act 1992 24 the notice must specify the grounds and a period of time (being not less than 28 days) within which representations and submissions (including in relation to the divesting of interests) may be made to the Minister. (8) Where the Minister gives a notice under subsection (7), the Minister may, at the Minister's discretion, and at any time, give a copy of the notice to any other person considered by the Minister to have an interest in the pastoral land. (9) Within the time specified in the notice, the lessee and any other person claiming to have an interest in the pastoral land the subject of the lease may make representations and submissions to the Minister, in writing or in such other manner as the Minister agrees or requires. (10) As soon as practicable after the expiration of the time specified in the notice under subsection (7), or within such further time as the Minister requires to consider representations or submissions made to the Minister under that subsection, the Minister must decide whether or not to forfeit the lease specified in the notice, and in the case of a decision to forfeit, must give not less than 28 days notice of the Minister's intention to the lessee and to such other persons as in the Minister's discretion the Minister thinks fit, and must, subject to section 53, by Gazette notice, forfeit the lease. (11) The Minister must state in the notice of forfeiture the contravention of section 34(1) that has occurred. (12) A notice of intention to forfeit, and a forfeiture, may be given and effected, as the case may be, in respect of the whole or part only of the pastoral land the subject of a lease. (13) An amount equal to the reasonable costs incurred by or on behalf of the Minister in investigating a matter leading to an action resulting in the forfeiture of land under this section is a debt due and payable to the Territory by the person against whom the action is taken.

36 Failure to accept offer of lease Where a person is offered the right to the grant of a pastoral lease but fails, within such time as the Minister allows, to accept the offer or to pay an amount that is due and payable in respect of the lease, the Minister may, by notice in writing to the person, revoke the agreement for the lease and retain all or part, as the Minister thinks fit, of the money that the person has already paid in respect of the

Pastoral Land Act 1992 25

37 Costs of survey, &c. The Minister may require a person to whom a pastoral lease is granted to pay an amount towards the costs of: (a) surveying the land the subject of the lease; and (b) preparation and registration of the grant, and, where the Minister does so, he or she may fix the amount or determine the manner in which the amount shall be fixed.

38 Conditions of pastoral leases (1) Without limiting the power of the Minister to impose such other conditions as the Minister thinks fit on the granting of a pastoral lease, a pastoral lease is subject to the following conditions and reservations: (a) a reservation of a right of entry and inspection (a reservation of a right of entry and inspection is to be read as a reservation of a right in favour of the Minister or a member of the Board, or a person authorised in writing by the Minister or the Board, at all reasonable times and in a reasonable manner, to enter on the leased land or any part of it (other than a homestead) and to inspect the leased lands and any improvements, stock and pasture on the land); (b) a reservation of all minerals in or on the leased land (a reservation of minerals is to be read as a reservation to the Territory of all minerals and extractive minerals, within the meaning of the Mineral Titles Act 2010, and all petroleum, within the meaning of the Petroleum Act 1984); (c) that the lessee will pay the rent in accordance with this Act; (d) that, subject to section 88, the lessee will use the land only for pastoral purposes; (e) that the lessee, having paid all rent due and payable by the lessee, may at any time, in the prescribed manner, surrender the lease; (f) that the lease (except a perpetual pastoral lease) is liable to forfeiture if the rent or any part of that rent is unpaid for 12 months or more;

Pastoral Land Act 1992 26 (g) that the lease (except a perpetual pastoral lease) is, subject to this Act, liable to forfeiture for non-compliance by the lessee with a condition of the lease; (h) that the lessee will not clear pastoral land unless the lessee is granted a clearing permit or the clearing is permitted under section 91D; (j) that the lessee will comply with the requirements of or under all laws of the Territory relating to the use and maintenance of the land the subject of the lease; (k) a reservation of all timber (a reservation of all timber is to be read as including all timber trees and all trees producing bark, resin or valuable substances, together with the right to authorise a person to enter on the land and to cut or fell any timber or timber trees, or trees producing bark, resin or valuable substances and to take away any timber, wood, bark, resin or such valuable substances, and to do all things necessary or convenient for those purposes); (m) that the lessee will not without the consent of the Minister take any timber trees or parts of trees or stone, sand or gravel on the leased land except for use on or in connection with the land; (n) a reservation in favour of the Aboriginal inhabitants of the Territory. (2) In a pastoral lease, a reservation in favour of the Aboriginal inhabitants of the Territory is to be read as a reservation permitting those Aboriginal persons: (a) who ordinarily reside on the leased land; or (b) who ordinarily reside on an area of land that at any time after 1 January 1979 was within the boundaries of the land that then comprised the leased land and which area of land has since that date been excised from the leased land as a living area or part of a living area for those Aboriginal persons; or (c) who, by Aboriginal tradition, are entitled to use or occupy the leased land; subject to subsection (3): (d) to enter and be on the leased land; and

Pastoral Land Act 1992 27 (e) notwithstanding any other law of the Territory, to take and use the water from the natural waters and springs on the leased land; and (f) subject to any other law in force in the Territory: (i) to take or kill for food or for ceremonial purposes animals ferae naturae; and (ii) to take for food or for ceremonial purposes vegetable matter growing naturally; on the leased land; but not permitting: (g) the Aboriginal persons referred to in paragraph (a) to erect or use a structure on the leased land that would serve as a permanent shelter for human occupation, other than at the place on the leased land where they ordinarily reside; or (h) the Aboriginal persons referred to in paragraph (b) or (c) to erect or use such a structure on the leased land. (3) Subject to subsection (4), a reservation in a pastoral lease in favour of the Aboriginal inhabitants of the Territory does not apply to a part of the leased land within 2 kilometres of a homestead. (4) Where an Aboriginal person was, or a group of Aboriginal persons were, at the commencement of the Aboriginal Land Act 1978, residing within 2 kilometres of a homestead and was or were entitled to use educational, medical or other facilities provided for their use within that area, the Aboriginal person or group of Aboriginal persons may reside within 2 kilometres of the homestead and use the educational, medical and other facilities provided for them until the Aboriginal person or group of Aboriginal persons ceases to reside permanently within 2 kilometres of the homestead or until adequate facilities of a similar nature are provided on another site, whether or not on the leased land, being a site suitable to the Aboriginal person or group of Aboriginal persons. (5) A person commits an offence if the person interferes with the full and free exercise by Aboriginal persons of rights reserved in favour of those persons under a pastoral lease. Maximum penalty: 60 penalty units (6) An offence against subsection (5) is an offence of strict liability.

Pastoral Land Act 1992 28 (7) It is a defence to a prosecution for an offence against subsection (5) if the defendant has a reasonable excuse. (8) Without limiting subsection (7), it is a reasonable excuse if the conduct forming the basis of the alleged offence entailed reasonable acts taken by, or on behalf of, a lessee, or another person having an interest in the lease, to ensure the proper management of the lease for the purposes for which it was granted.

39 Conditions relating to land management In addition to the conditions specified in section 38 or elsewhere in this Act, a pastoral lease is subject to the condition that the lessee will: (a) not use or stock the land other than as permitted by or under this Act or the lease; (b) take all reasonable measures to conserve and protect features of environmental, cultural, heritage or ecological significance; (c) prepare a remedial plan, as directed by the Board and undertake such action as is required in the plan; (d) allow the establishment on the leased land of monitoring sites as required by the Board and allow reasonable access to those sites for the purposes of this Act; (e) allow fencing of reference areas declared under section 74(1) and access to those areas and fences for maintenance purposes; and (f) maintain in good repair all improvements necessary for sustainable pastoral production on the land.

40 Breach of conditions (1) If the Minister is satisfied that a pastoral lessee has failed to comply with a condition of the lessee's pastoral lease, the Minister may give written notice of the breach to the lessee and require the lessee to furnish to the Minister, within the time specified in the notice, an explanation of why the lessee has not complied with the condition. (2) If the Minister, after considering an explanation furnished as required under subsection (1), is satisfied with the explanation, the Minister may, by written notice to the pastoral lessee, waive the breach and may direct that the condition be complied with within such time as is specified in the notice.

Pastoral Land Act 1992 29 (3) If: (a) an explanation is not furnished as required under subsection (1); or (b) the Minister is not satisfied with the explanation furnished and notifies the lessee in writing of that fact; or (c) the pastoral lessee fails to comply with the condition within the time specified under subsection (2); the Minister may, subject to sections 41 and 53, in the Minister's discretion: (d) by written notice to the lessee, direct that the condition be complied with within such time as the Minister specifies in the notice; or (e) except in the case of a perpetual pastoral lease, if the Minister is satisfied that the non-compliance has been wilful and that the lessee has made no real effort to comply with the condition, decide to forfeit the lease. (4) If a pastoral lessee fails to comply with a notice under subsection (3)(d) within the time specified in the notice, the Minister may, subject to section 53, except in the case of a perpetual pastoral lease, decide to forfeit the lease. (5) If under subsection (3)(e) or (4) the Minister decides to forfeit a lease, the Minister must give written notice of the decision (together with, in the case of a decision under subsection (3)(e), a statement of the Minister's reasons for the decision) to the lessee. (6) When the Minister's decision under subsection (3)(e) or (4) becomes final, the Minister may, by Gazette notice, forfeit the (6A) For subsection (6), the Minister's decision becomes final: (a) if no application to NTCAT for review of the decision is made under section 117(3) within 28 days after the day on which the Minister gave the lessee the notice of the decision referred to in subsection (5) (the relevant period) – at the end of the relevant period; or (b) if an application to NTCAT for review of the decision is made under section 117(3) within the relevant period – when the review has been finally determined and the Minister's decision has been confirmed on the review.

Pastoral Land Act 1992 30 (7) A pastoral lessee commits an offence if: (a) the lessee receives a notice under subsection (3)(d); and (b) the lessee intentionally engages in conduct; and (c) the conduct results in a contravention of the notice and the Maximum penalty: 85 penalty units and 4 penalty units for (7A) Strict liability applies to subsection (7)(a). (7B) It is a defence to a prosecution for an offence against subsection (7) if the defendant has a reasonable excuse. (8) Proceedings for an offence referred to in subsection (7) must not be instituted except with the consent in writing of the Minister or the Minister's delegate.

41 Breaches to be referred to Board (1) Before: (a) deciding under section 40(3)(e) or (4) to forfeit a lease; or (b) consenting under section 40(8) to the instituting of proceedings against a pastoral lessee for an offence against section 40(7), the Minister shall, unless the Board has already considered the matter and recommended the forfeiture or instituting of proceedings, refer the matter to the Board. (2) Where a matter is referred under subsection (1) to the Board, the Board shall investigate the circumstances connected with the failure to comply with the condition of the lease and shall report to the Minister as to whether, in its opinion: (a) the pastoral lessee could reasonably have complied with the condition; or (b) circumstances beyond the control of the lessee prevented him or her from complying with the condition, and shall recommend whether or not, in its opinion, the lease should be forfeited or proceedings instituted.

Pastoral Land Act 1992 31

42 Remedial action on pastoral lease (1) Where, in the opinion of the Minister, the lessee of a pastoral lease: (a) has failed or neglected to observe or perform any of his or her obligations, expressed or implied, under this Act or the relevant lease document (including under a remedial plan or a notice under section 40(3)(d)); or (b) has failed to manage the leased land in such a way as to prevent or minimise degradation of the land, and the failure or neglect is or causes, or may be or cause, in the opinion of the Minister, a danger to life or to property in the locality of the leased land or degradation of the land, the Minister may cause such action to be taken in respect of the land or property (including the destocking of all or part of the land) as the Minister thinks necessary to eliminate the danger or rehabilitate the land. (2) Where the Minister causes action to be taken under subsection (1), an amount equal to the value of the work undertaken and expenses incurred in relation to the work shall be a debt due and payable by the pastoral lessee to the Territory. (3) Where under subsection (1) stock is removed from the land, otherwise than by or on behalf of the pastoral lessee, it shall be disposed of as prescribed and the Regulations may provide for the allocation of the proceeds of the sale, if any, of the stock. (4) Notwithstanding subsections (1) and (2), a pastoral lessee may be prosecuted for an offence against this or any other Act in respect of the failure or neglect.

43 Minister may review conditions of lease (1) The Minister may, not earlier than 10 years after the granting of a pastoral lease and not earlier than 10 years after he or she last reviewed the reservations in, or the conditions or provisions of, the lease, or at any time when the term of the lease is extended in pursuance of section 49, review the reservations in, or conditions or provisions of, the lease and, subject to subsection (2), vary those reservations, conditions or provisions as the Minister thinks fit. (2) The Minister shall not, under subsection (1), vary a reservation, condition or provision of a lease unless the Minister has given to the lessee not less than 60 days notice of the Minister's intention to do so and has considered the submissions relating to the proposed variations, if any, made by the lessee within that time.

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44 Variation of lease provisions Notwithstanding section 43(1), the Minister may, in his or her discretion, on application in writing by the pastoral lessee, vary a reservation in, or condition or provision of, a pastoral lease.

45 Opinion of Board to be sought Before varying under section 43 or 44 a reservation in, or condition or provision of, a pastoral lease the Minister may refer the matter to the Board for its consideration and shall take into account all recommendations the Board makes in relation to it.

46 Minister may grant a moratorium The Minister may, on the recommendation of the Board, vary a reservation in, or condition or provision of, a pastoral lease for the purpose of allowing a moratorium.

47 Noting variation of lease A variation of a reservation in, or a condition or provision of, a pastoral lease does not have effect until notice of the variation is lodged with the Registrar-General.

48 Term of pastoral lease (1) The term of a pastoral lease granted under this Act shall be: (a) in perpetuity; or (b) subject to section 49, for such period, not exceeding 25 years, as the Minister thinks fit. (2) A pastoral lease, other than a perpetual pastoral lease, which was granted before the commencement of this Act: (a) shall, unless sooner determined under this Act, continue until the expiration of the term of the lease, whether the term is specified in the lease or by an Act under which the lease was granted or saved; and (b) may be the subject of an application referred to in section 49.

49 Extension of term of pastoral lease (1) A pastoral lessee may at any time before the commencement of the last 2 years of the term of his or her pastoral lease apply to the Minister for an extension of the term of the pastoral lease.

Pastoral Land Act 1992 33 (2) Subject to Division 4, the Minister may by notice in writing to the pastoral lessee, extend the term of the pastoral lease or advise the pastoral lessee that the application has been refused. (3) The term of a pastoral lease shall not be extended under this section for a period greater than 25 years from the date on which it would otherwise expire.

50 Continuation in occupation on expiration of term of pastoral lease (1) The Minister may make such arrangements as the Minister thinks fit in relation to the holding over by a former pastoral lessee of the land comprised in the former pastoral lease on the expiration of its term. (2) A person holding over in pursuance of an arrangement under subsection (1) shall keep the land and all improvements on the land in good order and condition to the satisfaction of the Minister.

51 Payment of value of improvements to outgoing pastoral lessee Subject to this Act, on the determination (as the result of the expiration of its term or otherwise) of a pastoral lease, the former pastoral lessee is entitled to be paid an amount equal to the value, as at the date of the determination of the lease, of all improvements on the land comprised in the former lease, as determined by the Minister and as soon as practicable after the determination of the lease the Minister shall give to the former lessee written notice of the Minister's determination of that value.

52 Deductions from amount payable for improvements The Minister shall deduct from the amount payable under section 51 all amounts due and payable to the Territory (including under sections 42, 59 and 76) by the outgoing former pastoral lessee under the lease.

53 Forfeiture of mortgaged pastoral lease (1) Where a pastoral lease is subject to a mortgage given for valuable consideration and registered under the Land Title Act 2000, the Minister shall not cause notice of the forfeiture of the lease to be published in the Gazette in pursuance of section 35(10) or 40(6) until after the expiration of a period of 28 days after the Minister has given to the mortgagee notice of the Minister's intention to do so.

Pastoral Land Act 1992 34 (2) The Minister shall give a copy of the notice under subsection (1) to the pastoral lessee, and thereafter the lessee ceases, except with the consent in writing of the Minister, to be entitled to exercise any of the rights or powers conferred by the lease. (3) If, during the period of 28 days after receipt of a notice under subsection (1), or within such further time as the Minister allows, a mortgagee advises the Minister that the mortgagee wishes to exercise the mortgagee's power of sale, the Minister shall allow the mortgagee 6 months, or such further time as, in the opinion of the Minister, is reasonable, to exercise it. (4) Where the Minister allows a mortgagee time to exercise a power of sale, the Minister shall advise the mortgagee of the extent to which the Minister is prepared to vary the conditions of the pastoral lease (other than those relating to land monitoring and land management) and, where the Minister does so, he or she shall, if the lease is transferred following a sale, so vary those conditions and lodge with the Registrar-General a notice of the variation. (5) Where a mortgagee exercises the mortgagee's power of sale of a pastoral lease after receipt of a notice under subsection (1) in relation to the lease: (a) the total of all amounts due and payable to the Territory by the lessee in relation to the lease up to and including the date of the sale is a debt due and payable to the Territory out of the proceeds of the sale, having priority before all debts secured by mortgage; (b) the balance of the proceeds of the sale, after payment of all debts and expenses payable out of those proceeds, are payable: (i) as to any amount not exceeding the unimproved value of the lease – to the Territory; and (ii) as to any amount in excess of the unimproved value – to the lessee; and (c) on the transfer of the lease following the sale, the transferee holds the lease, as varied in pursuance of subsection (4), as though the action leading up to the forfeiture of the lease had not been commenced.

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54 Determination of estimated carrying capacity (1) The Agency must determine the estimated carrying capacity of all pastoral land that is the subject of a pastoral lease. (2) For subsection (1), the determination must be made based on the unimproved native pasture on the land and ignoring any improved pasture on the land. (3) The Agency must, as soon as practicable after making a determination of estimated carrying capacity, provide written notice of the determination to the lessee of the pastoral land.

54A Review of estimated carrying capacity (1) The Agency may review the estimated carrying capacity of pastoral land at any time. (2) A pastoral lessee may apply to the Agency to request a review of the estimated carrying capacity of the pastoral lessee's pastoral land at any time. (3) As soon as practicable after receiving an application under subsection (2), the Agency must: (a) review the determination of estimated carrying capacity; or (b) refuse to review the determination. (4) If, after a review, the Agency considers the existing determination is no longer accurate, the Agency must make a new determination under section 54. (5) If the Agency refuses to conduct a review, the Agency must provide written notice of the refusal and the reasons for the refusal to the pastoral lessee. 55 Rent (1) Despite anything in a pastoral lease document, the rent payable for a financial year in respect of a pastoral lease is to be calculated using the formula: PLR = ECC x PLRF where: PLR = the annual pastoral lease rent in dollars

Pastoral Land Act 1992 36 ECC = the estimated carrying capacity expressed in animal equivalents as determined by the Agency under section 54 PLRF = the pastoral lease rent factor declared under subsection (2) or (3) (2) The Minister may, before 30 June in a financial year, by Gazette notice, declare the pastoral lease rent factor for a District for the following financial year. (3) If the Minister does not declare the pastoral lease rent factor for a District under subsection (2) before 30 June in a financial year, the pastoral lease rent factor for the following financial year remains unchanged.

56 Payment of rent (1) The Minister must, as soon as practicable after declaring the pastoral lease rent factor under section 55 (or, if a rent factor is not declared for a financial year, as soon as practicable after the previous 30 June) send by post to each pastoral lessee a notice showing: (a) the amount of rent due in respect of the financial year; and (b) the amount payable in respect of each quarter of the financial year, and the date that amount becomes payable; and (c) such other information as is prescribed. (2) Subject to section 58, a pastoral lessee must pay the rent due and payable in respect of a quarter within 30 days after the payment date specified in the notice under subsection (1) for that quarter.

57 Interest accrued for late payment of rent (1) This section applies if a lessee does not pay an amount of pastoral rent by the date specified in section 56(2). (2) Interest: (a) is calculated on the amount of unpaid rent at the rate prescribed by regulation; and (b) accrues: (i) the first time – on the first working day after the rent first became in arrears; and

Pastoral Land Act 1992 37 (ii) subsequently – on the first day of each quarter of the financial year that the rent remains unpaid. (3) For the calculation of future interest and recovery of the interest, and for section 60, the amount of interest accrued under this section is part of the unpaid rent.

58 Release of lessee in case of hardship Where it is shown to the satisfaction of the Minister that the payment of the full amount of rent under a pastoral lease will result in the pastoral lessee suffering serious hardship, the Minister may remit or postpone the whole or a portion of the rent for such period, and on such conditions, as the Minister thinks fit.

59 Recovery of rent All rent payable to the Territory under this Act or under a pastoral lease granted under or continued in effect by this Act is recoverable by the Minister as a debt due to the Territory.

60 Surrender of leases – general A pastoral lessee may, at any time, surrender his or her pastoral lease or, with the consent of the Minister, any part of the land the subject of the lease, on payment of all rent due and payable under the lease.

61 Surrender of lease for subdivision, &c. (1) A pastoral lessee may apply to the Minister for approval to subdivide the land the subject of his or her pastoral lease into 2 or more pastoral leases. (2) An application under subsection (1): (a) shall be in writing; and (b) shall be accompanied by a plan showing the manner in which it is proposed to subdivide the land. (3) On receiving an application under subsection (1), the Minister shall

Pastoral Land Act 1992 38 (4) The Board shall consider the application and, in particular, shall consider: (a) whether it is desirable that the pastoral lease be subdivided; (b) whether the resultant parts of the proposed subdivision are capable, individually, of supporting sustainable commercial pastoral enterprises; (c) whether the proposed lines of subdivision should be varied; (d) the appropriate terms of the leases for the proposed subdivided portions; (e) what special conditions should be imposed on the leases of the proposed subdivided portions; and (f) such other matters as it thinks fit. (5) The Board may make such recommendations to the Minister as it thinks fit in relation to an application under this section. (6) The Minister may, after considering the recommendations of the (a) approve the application as submitted by the pastoral lessee or as varied by the Minister; or (b) refuse the application. (7) The Minister shall, by notice in writing, notify the applicant pastoral lessee of the Minister's decision and, if the Minister has approved the application or the application as varied by the Minister, the Minister shall specify in the notice: (a) the reservations, conditions and provisions to be included in each lease of the land if it is subdivided; and (b) in respect of each of the portions into which the land is to be subdivided: (i) the lease grant charges, if any, for the lease; (ii) the fees and deposits to be paid by the lessee in respect of the grant of the lease; and (iii) the current rent. (8) The pastoral lessee may, if he or she: (a) has paid all rent due and payable under the lease;

Pastoral Land Act 1992 39 (b) accepts the reservations, conditions and provisions specified in the notice under subsection (7); and (c) has paid the lease grant charges, fees and deposits specified in the notice, surrender his or her pastoral lease and subject to Division 4, is to be granted a new pastoral lease for each of the subdivided portions of the land. (9) A surrender of a pastoral lease: (a) shall be made within 3 months after the date of the notice of the approval of the subdivision; and (b) has effect on the date of commencement of the new leases. (10) A new pastoral lease granted under this section shall: (a) preserve the lessee's rights, if any, in respect of improvements on land the subject of the new lease; (b) be for such period (or in perpetuity) as the Minister thinks fit; and (c) in addition to the matters provided for elsewhere in this Act, contain the reservations, conditions and provisions which are specified in the notice under subsection (7).

62 Surrender of term pastoral lease in exchange for perpetual pastoral lease (1) The lessee under a pastoral lease, other than a perpetual pastoral lease, may, at any time during the currency of the lease, apply in writing to the Minister to surrender the lease in exchange for a perpetual pastoral lease of the whole or a specified part of the land the subject of the existing lease. (2) On receiving an application under subsection (1), the Minister shall (3) The Board shall consider the application and, in particular: (a) the total area of pastoral land held by the applicant lessee; and (b) whether the applicant has complied with the conditions and provisions of or to which the existing lease is subject,

Pastoral Land Act 1992 40 and, if the Board is satisfied that the applicant lessee has generally managed or is likely to manage the term pastoral lease in accordance with his or her duty under section 6, it shall recommend to the Minister that a perpetual pastoral lease of the whole or a specified part of the land included in the existing lease be granted to the applicant. (4) The Board may, in making its recommendation under subsection (3), recommend to the Minister that the Minister include in the proposed perpetual lease a specified area of land that: (a) does not constitute an economic area and is suitable for occupation by the applicant lessee; (b) has been used exclusively by the applicant in conjunction with the pastoral lease to be surrendered; and (c) is wholly or partially bounded by, or has at some earlier date been excised from, the land the subject of the pastoral lease to be surrendered. (5) On receiving a recommendation from the Board under subsection (3) the Minister may, by notice in writing to the applicant lessee, advise the applicant of: (a) the description of the land in respect of which the Minister is prepared to grant a perpetual pastoral lease; (b) the fee, if any, that has been fixed under subsection (7) in respect of the application; (c) the rent for the proposed lease; and (d) the reservations, conditions and provisions that the proposed lease will contain. (6) An applicant lessee may, at any time within 3 months after the date on which the notice under subsection (5) is given, or within such further time as the Minister allows, in writing addressed to the Minister, indicate his or her willingness to accept the proposed perpetual pastoral lease on the conditions specified in the notice. (7) The Minister may, in his or her discretion, fix a fee in respect of each application under subsection (1). (8) An applicant lessee may, if he or she: (a) has indicated to the Minister his or her willingness to accept the proposed perpetual pastoral lease in accordance with subsection (6);

Pastoral Land Act 1992 41 (b) has paid all rent due and payable under the existing lease; and (c) has paid the fee (if any) fixed under subsection (7), surrender the existing lease and, subject to Division 4, is to be granted a perpetual pastoral lease according to the particulars contained in the notice under subsection (5) commencing immediately on the surrender of the existing lease. (9) A pastoral lease granted under subsection (8) shall preserve the lessee's rights in respect of improvements on land included in the surrendered lease which is the subject of the perpetual pastoral

63 Applications under section 62 involving subdivision Where an application under section 62 proposes that part only of the land comprising an existing pastoral lease be granted as a perpetual pastoral lease, the Minister shall treat the application as both an application under that section and under section 61 and the Board shall consider the application referred to it and make its recommendations to the Minister, and the Minister may exercise his or her powers in such order as the Minister thinks fit, accordingly.

64 Surrender of leases and grant of consolidated lease (1) Where a person is the lessee of land under a pastoral lease and is also the lessee, under another pastoral lease, of land that adjoins the first mentioned land, the person may apply to the Minister for the grant to him or her of a single pastoral lease of all the land the subject of the first mentioned lease together with the land the subject of the other lease. (2) An application under subsection (1): (a) shall be in writing; and (b) shall be accompanied by a plan showing the land that the applicant wishes to be included under the new pastoral lease. (3) On receiving an application under subsection (1), the Minister may (4) The Board shall consider an application referred to it under subsection (3) and make such recommendations to the Minister as it thinks fit.

Pastoral Land Act 1992 42 (5) The Minister shall, after considering the recommendations of the (a) approve the application; or (b) refuse the application. (6) The Minister shall, by notice in writing, notify the applicant lessee of the Minister's decision and, if the Minister approves the application, shall specify in the notice: (a) the reservations, conditions and provisions that the new lease will contain; (b) the purchase price, if any, for the new lease; (c) the lease grant charges, if any, for the new lease; (d) the fees and deposit payable in respect of the grant of the new lease; and (e) the rent for the new lease. (7) The applicant lessee may, if he or she: (a) has paid all rent due and payable under each of the leases of the respective lands that are to be included in the new lease; (b) accepts the reservations, conditions and provisions specified; and (c) has paid the purchase price, lease grant charges, fees and deposits specified in the notice under subsection (6), surrender each of the pastoral leases and, subject to Division 4, is to be granted a new pastoral lease of all the lands the subject of the leases so surrendered. (8) A surrender of a pastoral lease: (a) shall be made within 3 months after the date of the notice of the approval of the application; and (b) shall have effect from the date of commencement of the new (9) A new pastoral lease granted under this section shall: (a) preserve the lessee's rights, if any, in respect of improvements on land the subject of the new lease;

Pastoral Land Act 1992 43 (b) be for such period (or in perpetuity) as the Minister thinks fit; and (c) in addition to the matters provided for elsewhere in this Act, contain the reservations, conditions and provisions specified in the notice under subsection (5).

65 Uneconomic areas of Crown land (1) Where, in the opinion of the Minister, an area of Crown land does not constitute an economic area and is suitable only for occupation as part of an adjoining pastoral lease, the Minister shall, in writing, advise the lessees of adjoining pastoral land that the area is available for leasing and invite them to apply for a lease of the land. (2) Where 2 or more applications are received in response to an invitation under subsection (1), the Minister shall refer the applications to the Board and request it to make a recommendation as to how the land should be dealt with. (3) Where the recommendation of the Board is that the grant of a lease of all or part of the area of land be offered to an applicant, or an applicant is the only applicant for the lease of the land, the Minister may, by notice in writing to the applicant, offer the grant of the lease to the applicant on such terms and conditions as the Minister thinks fit. (4) Where a pastoral lessee to whom an offer under subsection (3) is made accepts the Minister's offer, the Minister shall grant the pastoral lessee a lease of the land which shall be added to the land the subject of the existing adjoining pastoral lease in accordance with this section. (5) Where the Minister grants a lease of land in pursuance of subsection (4), the Minister shall cause to be lodged with the Registrar-General a memorandum in an appropriate form under the Land Title Act 2000, describing: (a) the land to be added to the existing adjoining pastoral lease; and (b) any variations of the reservations, conditions and other provisions of the existing adjoining pastoral lease agreed to by the Minister and the lessee. (6) On the lodging of a memorandum under subsection (5), the Registrar-General shall register the memorandum and, on the

Pastoral Land Act 1992 44 endorsement of the details of the memorandum on the existing adjoining pastoral lease, the lease shall extend over the area of the land to be added to the pastoral lease, subject to such reservations, conditions and other provisions as are set out in the memorandum. (7) Where land the subject of the existing adjoining pastoral lease to which an area of land is to be added pursuant to this section is mortgaged or otherwise encumbered, the mortgage or encumbrance shall, subject to the consent of the mortgagee or encumbrancee, which consent shall not be unreasonably withheld, extend over the area of the land to be added, subject to such reservations, conditions and other provisions as are set out in the memorandum referred to in subsection (5) that relates to the (8) In this section economic area means such area of land as the Minister considers to be sufficient to support a sustainable commercial pastoral enterprise.

66 Agreement for exchange of part of pastoral lease (1) A pastoral lessee may apply in writing to the Minister for permission to surrender a part of the lessee's pastoral lease in respect of part of the land the subject of the lease, being a part of the land that adjoins a part of the land included in another pastoral lease. (2) An application under subsection (1) must be accompanied by: (a) a plan showing the land included in the part of the lease to be surrendered and the land comprised in the adjoining pastoral lease; and (b) a written statement of the other lessee that he or she desires, and is prepared to accept, for inclusion in his or her pastoral lease, the land included in the part of the lease to be surrendered; and (c) reasons in writing why the surrender and inclusion are desired. (3) Subject to subsection (4), the Minister may grant permission or refuse permission for a surrender under this section of a part of a

Pastoral Land Act 1992 45 (4) The Minister must refuse permission if the area of the part of the land sought to be surrendered exceeds 8% of the total area of the land the subject of the lease. (5) The Minister must give to the applicant and to the lessee of the adjoining pastoral lease written notice of the Minister's decision (6) Where the Minister grants permission under this section, the notice under subsection (5) must specify the variations of the reservations, conditions and other provisions of the existing leases the Minister will require and the amount of rent, if any, payable for the pastoral lease in respect of the remainder of the current financial year and the ensuing financial year, apportioned to the percentage of the land to remain the subject of the lease, unless, in relation to the ensuing financial year, the estimated carrying capacity of the land is sooner redetermined under Division 2. (7) If, within 60 days after receiving a notice given under subsection (5), the applicant pastoral lessee and the lessee of the adjoining pastoral lease inform the Minister in writing of their acceptance of the variations of the reservations, conditions and other provisions specified in the notice, the Minister must, by written notice to them, grant permission for the surrender and inclusion subject to those variations. (8) On the surrender under this section of a part of the land the subject of a pastoral lease, the Minister must lodge with the Registrar- General a memorandum, in the form of an instrument under the Land Title Act 2000, describing: (a) the part of the land to be excised from the pastoral lease and added to the adjoining pastoral lease; and (b) any variations of the reservations, conditions and other provisions of the leases and specified in the notice given under subsection (5). (9) On the lodging of a memorandum under subsection (8), the Registrar-General must register the memorandum and, on the Registrar-General so doing: (a) in the case of the pastoral lease to which the land is to be added – the lease extends over the area of land to be added, subject to such reservations, conditions and other provisions as are set out in the memorandum; and (b) in the case of the lease from which the land is to be excised – the lease ceases to have force or effect over or in relation to the area of land to be excised.

Pastoral Land Act 1992 46 (10) Where there is in existence a mortgage or encumbrance over a lease referred to in subsection (9), the mortgage or encumbrance must, subject to the consent of the mortgagee or encumbrancee, which consent must not be unreasonably withheld: (a) in the case of the lease to which the land is to be subject – on and from the endorsement on the lease document of the details of the memorandum referred to in that subsection which relates to the lease, extend over the area of land to be added, subject to such reservations, conditions and other provisions as are set out in the memorandum; and (b) in the case of the lease to which the land is to cease to be subject – cease to have force or effect over or in relation to the area of land to be excised.

67 Lease transactions without consent (a) the person intentionally enters into a lease transaction; and (b) the Minister does not consent to the transaction. Maximum penalty: For an individual – 40 penalty units. For a body corporate – 650 penalty units. (2) Strict liability applies to subsection (1)(b).

68 Application for consent to lease transaction (1) An application for consent to a lease transaction must be made in writing by the lessee or sublessee to the Minister. (2) Before deciding an application under subsection (1), the Minister may refer it to the Board for consideration and recommendation, and the Board must report to the Minister within 30 days after the referral is made. Note for subsection (2) Section 35(6) imposes a restriction on the Minister's power to refer an application to the Board. (3) The Minister must, after considering any recommendations of the Board, but subject to subsections (4) and (5) and section 35(6), by written notice to the lessee, consent or refuse to consent to the lease transaction.

Pastoral Land Act 1992 47 (4) The Minister must not consent to a lease transaction that is the transfer of a lease until the following amounts have been paid in full: (a) all instalments of the purchase price for the grant of the lease; (b) all rent and other money due and payable to the Territory under the lease. (5) The Minister must not consent to a lease transaction that is a sublease unless it is a condition of the agreement that the land will be used only for: (a) pastoral purposes; or (b) the purposes of the Territory; or (c) a non-pastoral purpose for which a non-pastoral use permit has been granted under section 88 and which will remain valid for the duration of the sublease; or (d) a purpose prescribed by regulation. (6) If the Minister consents to a lease transaction, the applicant under subsection (1) must lodge with the Registrar-General the details of the lease transaction. (7) If the applicant does not lodge with the Registrar-General the details of the lease transaction, the Minister may lodge with the Registrar-General the details of the lease transaction. (8) The Minister may recover the cost of lodging the details under subsection (7) as a debt due and payable to the Territory by the applicant. (9) On lodgement of the details under subsection (6) or (7), the relation to the land and record the particulars in accordance with the Land Title Act 2000.

69 Position of mortgagee (1) Where pastoral land has been mortgaged and the mortgagee enters into possession of the land, the mortgagee may, unless the lease is sooner forfeited, remain in possession for the unexpired period of the lease and while in possession is subject to the conditions of the lease as if the mortgagee were the lessee under the lease.

Pastoral Land Act 1992 48 (2) The fact that the mortgagee or some person by the mortgagee's authority occupies or uses a part of the mortgaged land is prima facie evidence that the mortgagee has entered into possession of the land under the mortgage. (3) A mortgagee shall, within a period of 28 days after entering into possession of pastoral land, notify the Minister in writing of that fact. (4) Unless the Minister has been notified in accordance with subsection (3), any notice under this Act given to the lessee after the expiration of the period referred to in that subsection shall be deemed to have been duly given to the mortgagee.

70 Subleases for Aboriginal communities (1) Despite section 38(1)(d) and 68(5), a pastoral lessee may, with the consent of the Minister, sublet part of the land the subject of the lessee's pastoral lease for Aboriginal community living purposes to an incorporated body set up for the management of the Aboriginal community by which the area subleased is or is to be used. (2) For this section Aboriginal community living purposes includes residential, educational and medical purposes, the keeping of livestock and poultry and the growing of fruit and vegetables for use by the Aboriginal persons in the community. (3) Where the Territory erects improvements on an area the subject of a pastoral lease sublet for Aboriginal community living purposes, it may, within 3 months after the expiration or sooner determination of the sublease, remove the improvements (including fixtures so erected by the Territory) without liability for compensation to the pastoral lessee.

Subdivision 6 Abandonment of leases and vacation of land

71 Abandonment of perpetual pastoral lease (1) The abandonment of a perpetual pastoral lease shall be deemed to be a breach of a condition of the lease and section 40 applies to and in relation to the lease, and the lease may be forfeited under that section, notwithstanding the exceptions expressed in section 40(3)(e) and (4). (2) For the purposes of subsection (1), a perpetual pastoral lease is abandoned when the rent for the lease has not been paid for 2 years and during that period there is, in the opinion of the Minister, no discernible effective day to day management or occupation for pastoral purposes of the leased land by the lessee.

Division 4 Certain grants, &c., to be treated as compulsory acquisitions Pastoral Land Act 1992 49

72 Vacation of land (1) Where the lessee or former lessee of pastoral land vacates the land leaving behind property, the Minister may, by notice in writing, require him or her to remove the property within the period specified in the notice. (2) If the lessee or former lessee does not comply with a notice under subsection (1) within the specified period, the Minister may remove and dispose of the property. (3) Costs incurred by the Minister in removing and disposing of property under subsection (2) that are not covered by the proceeds, if any, of the sale of the property may be recovered as a debt due and payable to the Territory from the person to whom the notice under subsection (1) was given. (4) Surplus proceeds of the sale of the property shall be paid to the lessee or former lessee. Division 4 Certain grants, &c., to be treated as compulsory acquisitions

72A Application This Division applies in relation to: (a) an extension of the term of a pastoral lease under section 49; (b) the grant of a new pastoral lease under section 61; (c) the grant of a perpetual pastoral lease under section 62; and (d) the grant of a new pastoral lease under section 64, where the extension or grant: (e) will affect native title rights and interests; and (f) is an act to which section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies by virtue of section 24ID(4) of that Act.

72B Procedures under Lands Acquisition Act 1978 to be complied with (1) Divisions 1 and 2 of Part IV and sections 45 and 45A of the Lands Acquisition Act 1978 (in this Division called the applied provisions) apply in relation to an extension or grant to which this Division applies as if it were a compulsory acquisition of native title

Division 4 Certain grants, &c., to be treated as compulsory acquisitions Pastoral Land Act 1992 50 rights and interests in relation to the land that will be affected by the extension or grant. (2) For the purposes of subsection (1): (a) a reference in the applied provisions to the Minister for the time being administering the Lands Acquisition Act 1978 is to be read as a reference to the Minister for the time being administering this Act; and (b) a reference in the applied provisions to the compulsory acquisition of native title rights and interests is to be read as a reference to the extension or grant of a pastoral lease under section 49, 61, 62 or 64 (as the case may be) that affects native rights and interests. (3) Where the Minister has complied with Divisions 1 and 2 of Part IV of the applied provisions in respect of an extension or grant to which this Division applies then, subject to section 45 of the applied provisions, the Minister may extend the term of the pastoral lease or grant the new pastoral lease or the perpetual pastoral lease accordingly.

72C Compensation (1) Compensation is payable by the Territory to the native title holder in respect of any land affected by an extension or grant to which this Division applies for the effect of the extension or grant on the holder's registered native title rights and interests. (2) A native title holder or registered native title claimant who intends to claim compensation under this section for the effect of an extension or grant to which this Division applies on their registered native title rights and interests must make the claim within 3 years after the term of the pastoral lease is extended or the perpetual pastoral lease or new pastoral lease is granted, as the case may be. (3) In the absence of agreement, compensation is not payable to a registered native title claimant unless and until the native title claimed by the claimant is determined. (4) In the event of a dispute about compensation payable under subsection (1), the Territory or the native title holder may refer the dispute to NTCAT.

72D NTCAT may make recommendations in relation to extension or grant of pastoral lease NTCAT may hear and make recommendations about an objection by a registered native title claimant or registered native title body

Pastoral Land Act 1992 51 corporate to the extension or grant of a pastoral lease under section 49, 61, 62 or 64 in so far as the extension or grant affects the registered native title rights and interests of the claimant and body.

73 Feral animal control (1) The Board may, by written notice, direct a pastoral lessee to control declared feral animals on the lessee's pastoral land by culling, fencing or other means directed by the Board. (1A) A lessee commits an offence if the lessee fails to comply with the reasonable requirements of a notice given to the lessee under subsection (1). Maximum penalty: 40 penalty units and 4 penalty units for each day after being found guilty of the offence during which the pastoral lessee fails to comply with the directions. (1B) An offence against subsection (1A) is an offence of strict liability. (1C) It is a defence to a prosecution for an offence against subsection (1A) if the defendant has a reasonable excuse. (2) For the purposes of subsection (1), the Board may, by Gazette notice, declare a feral animal in relation to the District or part of the District in which the leased land is situated.

74 Reference areas (1) The Board may, by Gazette notice, 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 pastoral land on which it is located. (2) The Board must not make a declaration under subsection (1) unless it has given to the lessee not less than 28 days notice of its intention to do so and has considered the submissions, if any, made by the lessee within that time relating to the proposed declaration. (3) A reference area: (a) must not exceed one square kilometre in size; and (b) will, where necessary, be fenced by the Minister.

Pastoral Land Act 1992 52 (4) Subject to any agreement to the contrary between the lessee and the Minister, a pastoral lessee is not obliged to maintain a reference area or its fences. (5) A person commits an offence if: (b) the conduct results in stock entering or remaining in an area and the person is reckless as to that result; and (c) the area is a fenced reference area. (5A) Strict liability applies to subsection (5)(c). (5B) A person commits an offence if: (b) the conduct occurs on or near a fenced reference area; and (c) the conduct results in, damage to the fences and the person is reckless in relation to that result. (5C) Strict liability applies to subsection (5B)(b). (5D) A person commits an offence if: (b) the conduct occurs on or near a reference area (whether fenced or not); and (c) the conduct results in degradation of the reference area and the person is reckless in relation to that result. (5E) Strict liability applies to subsection 5D(b). (6) A pastoral lessee commits an offence if the lessee: (a) has knowledge of damage to a fence around a reference area; and

Pastoral Land Act 1992 53 (b) does not advise the Board of the damage as soon as possible after becoming aware of it. Maximum penalty: 8 penalty units. (7) Strict liability applies to subsection (6)(b). (8) It is a defence to a prosecution for an offence against subsection (6) if the defendant has a reasonable excuse.

75 Monitoring sites (1) The Board may, by marking them in the prescribed manner, establish on pastoral land such monitoring sites as it thinks necessary for the purposes of this Act. (2) A person must not remove, deface or otherwise damage a marker at a monitoring site. (3) An offence against subsection (2) is an offence of strict liability.

76 Remedial plans (1) If the Board is of the opinion that pastoral land has been degraded or otherwise damaged, or is likely to suffer degradation or other damage, and that in order to prevent, arrest or minimise degradation of or other damage to the land, or to rehabilitate the land, it is necessary that action under this section be taken, it may, by notice in writing to the pastoral lessee, require the lessee to submit to the Board: (a) a remedial plan detailing the proposed management of the pastoral land over a specified period; or (b) a revised remedial plan, in accordance with the notice. (2) A remedial plan shall contain such information as the Board requires. (3) The Board may: (a) approve, by endorsement, a remedial plan or revised remedial plan;

Pastoral Land Act 1992 54 (b) refer the plan back to the lessee for modification; or (c) reject the plan and: (i) by notice in writing, require the lessee to submit a fresh plan; or (ii) itself prepare (or revise, as the case may be) a remedial plan. (4) Where the Board prepares or revises a remedial plan in pursuance of subsection (3)(c)(ii), the cost of it so doing is a debt due and payable by the lessee to the Territory. (5) If a lessee fails to comply with a notice under subsection (1) or (3), the Board may prepare a remedial plan or revised remedial plan in respect of the pastoral land and the cost of it so doing is a debt due and payable by the lessee to the Territory. (6) A remedial plan or revised remedial plan prepared by the Board in pursuance of subsection (3)(c)(ii) or (5) shall be taken to be an approved remedial plan for the pastoral land to which it relates. (7) The Board may, by endorsement, approve a remedial plan voluntarily submitted to it by a lessee. (8) An approved remedial plan may, with the approval of the Board, be varied by the lessee. (9) If a lessee fails, without reasonable excuse: (a) to comply with a notice under subsection (1) or (3); or (b) to implement an approved remedial plan, the failure constitutes a breach of the conditions of the pastoral (10) The Board shall cause a copy of each approved remedial plan, and each such plan as varied under subsection (8), to be lodged with the Registrar-General. (11) Each approved remedial plan lodged with the Registrar-General shall be registered on the title records kept by the Registrar- General. (12) A remedial plan registered as referred to in subsection (11) is binding on a mortgagee in possession of, and on successors in title to, the land.

Pastoral Land Act 1992 55

77 Lessee not responsible for rectification of certain damage, &c. (1) Notwithstanding anything in this Act, a pastoral lessee is not responsible for the expense of rehabilitating or restoring land the subject of his or her pastoral lease to the extent that the degradation or other damage was or is, in the opinion of the Minister after considering the advice of the Board, beyond the pastoral lessee's reasonable control (and was not or is not caused or aggravated by his or her activity) and, subject to subsection (2), neither is the lessee's failure to take action in relation to the degradation or other damage, as required by a remedial plan, a breach of a condition of his or her pastoral lease. (2) The Territory may enter into an arrangement with a pastoral lessee for the payment of the costs of rectifying particular damage or deterioration of a kind referred to in subsection (1) and when such an arrangement is entered into that rectification, to the extent of the arrangement, becomes an obligation of the pastoral lessee under the remedial plan.

78 Interpretation (1) For the purposes of this Part, camping is temporary if it is for a period not exceeding 2 weeks or, if a longer or shorter period is prescribed in respect of a particular area, the period so prescribed in relation to camping in that area. (2) The Board may, by notice in the Gazette, prescribe periods for the purposes of subsection (1).

79 Access to waterways (1) Subject to this or any other law in force in the Territory, a person has, without the specific permission of the pastoral lessee, a right to be on: (a) perennial natural water (including the sea) on or surrounded by (or, in the case of the sea or a stream or waters forming the boundary of pastoral land, bordered by) pastoral land; or (b) land within the prescribed distance of those waters. (2) Subject to this Part, where a pastoral lessee, within 12 months after the commencement of this Act, by notice in a newspaper circulating in the area in which his or her pastoral land is situated, nominates a reasonably practicable route across land the subject of his or her lease from a public road to water referred to in subsection (1),

Pastoral Land Act 1992 56 advises the Board in writing of the route so nominated and indicates on the land by reasonable signs or other means (such as by grading the surface of an access road or track), access to the water may be obtained by members of the public, without the specific permission of the pastoral lessee, only by that route. (3) Where a pastoral lessee has not under subsection (2) nominated a route, or has nominated a route that the Board considers is not practicable for the purposes of this Part, the Board may, in the same manner, nominate such a route as the route, or an alternative route, for public access to the water, and members of the public may use the route accordingly. (4) In exercising its discretion under subsection (3) the Board shall have regard to: (a) the possible environmental damage that may result from the use of a proposed route; (b) the adverse effect, if any, that its use may have on the management of the pastoral land; (c) the financial burden on any person (including the Territory) that may result from the nomination of the route; (d) the impact, if any, on the privacy of persons residing on the (e) the availability of alternative access other than across the (f) whether, in its opinion, it is necessary for access to be provided across the pastoral land; and (g) such other matters as it thinks fit or as are presented to it. (5) A route shall not, by reason only of being nominated or indicated pursuant to subsection (2) or (3) or being used by members of the public as a consequence, become a public road. (6) Subject to this Part, a person may camp temporarily on land within the prescribed distance of water referred to in subsection (1). (7) This section does not give a person the right to camp: (a) within a radius of 2 kilometres of a homestead or other residential premises on pastoral land; (b) within a radius of 1 kilometre of a dam or other constructed stock watering point on pastoral land; or

Pastoral Land Act 1992 57 (c) within 500 metres of every usual point of access for stock or wildlife to natural water. (8) In this section prescribed distance means 50 metres or where, under subsection (9), some other distance is prescribed in relation to particular waters or water at a place, that other distance in relation to those waters or that place. (9) The Board may, by notice in the Gazette, prescribe a distance for the purposes of subsection (8).

80 Public access not to be obstructed (a) the person intentionally places an obstruction; and (b) the obstruction is across an access route and the person is reckless as to that circumstance; and (c) the person does not have lawful authority to place the obstruction across that route. (2) Strict liability applies to subsection (1)(c). (3) Where pastoral land over which there is an access route is fenced and there is no gate or grid in or other means of passage through or over the fence at the point at which reasonable access to the route can be had, the Minister must erect a suitable gate or grid, or other means of passage, in, through or over the fence at that point. (4) A person commits an offence if: (a) the person intentionally erects a fence; and (b) the fence is across an access route and the person is reckless as to that circumstance; and (c) the person fails to provide a suitable gate, grid or other means of passage in, through or over the fence at its intersection with the route so that access to the route can be had. (5) Strict liability applies to subsection (4)(c). (6) Subject to section 82, a person commits an offence if: (a) the person intentionally locks a gate; and

Pastoral Land Act 1992 58 (b) the gate passes over an access route. (7) Strict liability applies to subsection (6)(b). (8) In this section: access route means a route nominated or indicated under section 79(2) or (3). obstruction does not include a fence.

81 Access to features of public interest (1) Subject to subsection (2), the Minister may, by notice in the Gazette declare an area of pastoral land to be or contain a feature of public interest and in the same or a subsequent notice in the Gazette nominate a route by which members of the public may gain access across pastoral land to the area. (2) The Minister shall not under subsection (1) declare an area of pastoral land or nominate a route unless the Minister has given the pastoral lessee reasonable written notice of his or her intention to do so. (3) Sections 79 and 80, with the necessary changes, apply to and in relation to an area declared under subsection (1) as if the feature that it contains were perennial water referred to in section 79 and the area were land within the prescribed distance of that water.

82 Temporary closure of access (1) A pastoral lessee may, for reasons associated with the reasonable management of the lessee's pastoral lease, after advising the Board of the intention to do so, by giving public notice and by reasonable indication on or in the vicinity of the land to which the notice refers, close any land the subject of the pastoral lease on which members of the public would otherwise have the right to be and any access route nominated under section 79 or 81 to that land or water adjacent to the land, but so that such land or access route is not closed by the lessee for more than 2 weeks in a year, except with the approval in writing of the Board. (1A) The Board may determine the manner in which the public notice is (2) The Board may direct a pastoral lessee to revoke or amend a notice under this section in such manner as it thinks fit to ensure that the public has reasonable access to the land or water without

Pastoral Land Act 1992 59 unduly interfering with the operations of the pastoral enterprise and the pastoral lessee must, as soon as practicable, comply with the direction. (3) An offence against subsection (2) is an offence of strict liability.

83 Closure for rehabilitation and conservation purposes (1) A pastoral lessee may apply to the Board for permission to close or close from access under section 79 or 81, or permit the use or such access subject to conditions, any land to which members of the public would otherwise have the use or access, on the grounds that the land, or adjoining water or pastoral land, is being or is likely to be degraded because of the use or access or that the use or access, or proposed use or access, is interfering with or will interfere with the reasonable conduct of the pastoral lessee's enterprise. (2) The Board may, in its absolute discretion, whether or not as a result of an application under subsection (1), by Gazette notice and by giving public notice, declare that members of the public do not have a right, without the specific permission of the pastoral lessee, to use or have access to land specified in the notice, either absolutely or during such period as is specified in the notice, or to use the land or have the access only subject to such conditions as are specified or referred to in the notice and, accordingly, the right ceases to exist or exists only subject to those conditions. (2A) The Board may determine the manner in which the public notice is (3) A person who contravenes a declaration under subsection (2) or a condition imposed under that subsection is guilty of an offence. Maximum penalty: 4 penalty units. (4) An offence against subsection (3) is an offence of strict liability. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.

84 Licensing of persons for certain purposes (1) Subject to subsection (2), the Minister may, on behalf of the Territory, on the payment to the Minister of the prescribed fee,

Pastoral Land Act 1992 60 license a person to go onto pastoral land, whether the pastoral lease was granted before or after the commencement of this Act, and to take from the land: (a) live or dead naturally grown timber or wood; (b) stone, shell, sand, gravel, clay, or earth, not being or supposed to be metalliferous; (c) salt; (d) seaweed; (e) bark; or (f) any other substance or article, reserved to, or otherwise the property of, the Territory. (2) A person licensed under this section is not entitled to exercise the right after the expiration of 12 months from the date on which he or she was first licensed, except with and in accordance with the written permission of the Minister.

85 Pastoralists' liability limited The liability of a lessee or occupier of pastoral land for injury to a person, or damage to the property of a person, on that land or perennial natural waters on the land in pursuance of the person's right under this Part (including under section 84) shall not exceed that of an occupier of land to a trespasser.

85A Non-pastoral use permit (1) The Board may, on application by a pastoral lessee under section 86(1), grant the lessee a non-pastoral use permit to use all or part of the land the subject of the lessee's pastoral lease for a purpose that is not a pastoral purpose (a non-pastoral purpose). (2) The Board may issue guidelines for pastoral lessees in relation to the processes of application for a non-pastoral use permit and the determination of the application. (3) The guidelines must be approved by the Minister.

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85B Registration (1) A non-pastoral use permit is a registrable instrument for the Land Title Act 2000. (2) On granting a non-pastoral use permit, the Board must lodge with the Registrar-General the required number of copies of the permit for registration. (3) On registration by the Registrar-General, a permit gives the pastoral lessee of the land to which the permit relates the right to use the land the subject of the lease for non-pastoral purposes to the extent specified in the permit.

85C Effect of non-pastoral use permit on dealing with lease To avoid doubt, if a non-pastoral use permit is registered in relation to land held under a pastoral lease, any subsequent dealing with the lease (for example, by a transfer or an assignment) is of the lease and the permit unless the dealing specifically states otherwise.

85D Fee for non-pastoral use permit The Minister may determine fees payable, on an annual or other basis, for a non-pastoral use permit to use pastoral land for a non- pastoral purpose.

86 Application for non-pastoral use permit (1) A pastoral lessee who wishes to use all or part of the land the subject of a pastoral lease for a non-pastoral purpose may, in the form the Board requires, apply to the Board for a non-pastoral use permit. Note for subsection (1) Section 87 sets out matters the Board must consider in relation to applications. (2) Before considering an application under subsection (1) the Board may request from the applicant such additional information relating to the proposed use as it thinks fit and may defer its consideration until the information is provided.

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87 Assessment of application (2) In considering an application under section 86(1) for a non-pastoral use permit to use pastoral land for a non-pastoral purpose, the (b) must take into account current government policy known to it in relation to the type of use proposed; and (c) must consider the likely effect of the proposed use on the environment and the pastoral enterprise of the pastoral lessee; and (ca) must take into account submissions received by the Board under section 87A within the period specified in the notice given under section 87A(3)(c); and (d) may consider or take into account any other matters as it thinks fit. (2A) In addition to the matters specified in subsection (2), if the grant of the non-pastoral use permit by the Board would be a future act to which Part 2, Division 3, Subdivision G of the NTA applies, the Board must comply with the requirements of Part 2, Division 3, Subdivision G of the NTA in considering the application. (3) For subsection (2)(b), the Minister may issue guidelines to the Board. (3A) The meeting of the Board at which the application is considered may be open to the public. (3B) If the meeting is to be open to the public, the Board must: (a) invite the applicant and any person who made a submission under section 87A to attend the meeting; and (b) give any person attending the meeting a reasonable opportunity to address the Board. (4) In this section: future act, see section 233 of the NTA.

87A Public notice of application (1) Before making a decision on an application the Board must give public notice of the application.

Pastoral Land Act 1992 63 (2) The Board may determine the manner in which the public notice is (3) The notice must: (a) give details of the application; and (b) be in the form approved by the Board; and (c) invite any person who is interested in doing so to make written submissions to the Board about the application within the time specified in the notice (which must be not less than 14 days after the date the notice is first published).

88 Board may impose conditions on non-pastoral use permit (1) The Board may grant a non-pastoral use permit under section 85A(1) subject to any conditions the Board considers appropriate. (2) A condition imposed by the Board under subsection (1) must be specified in the non-pastoral use permit.

89 Term of non-pastoral use permit (1) A non-pastoral use permit has effect for the period, not exceeding 30 years, specified in the permit. (2) However, if a non-pastoral use permit relates to land held under a term pastoral lease, the permit has effect only until the expiry of the lease, or the lesser period specified in the permit.

89A Extension of term of non-pastoral use permit (1) A pastoral lessee may apply to the Board for the extension for a specified period of the term of a non-pastoral use permit granted in relation to the pastoral land. (2) The application must be made in the approved form at least 2 years before the non-pastoral use permit is due to expire. (a) the conduct of the applicant in relation to the operation of the non-pastoral use permit (including the extent to which the applicant has complied with the conditions of the permit); and (b) the likely impact on the environment if the term of the non- pastoral use permit was extended; and (c) any other matter prescribed by regulation.

Pastoral Land Act 1992 64 (4) The Board must, by written notice to the applicant, decide the (a) extending the term of the non-pastoral use permit for the specified period; or (b) extending the term of the non-pastoral use permit for a shorter period as decided by the Board; or (c) refusing the application. (5) If the Board extends the term of the non-pastoral use permit, the Board must lodge with the Registrar-General the required number of copies of the written notice of extension for registration. (6) On registration by the Registrar-General of the written notice of extension, the term of the non-pastoral use permit is extended for the period specified in the notice. (7) If the Board has not decided the application before the non-pastoral use permit ceases to have effect, the Board is taken to have refused the application.

89B Variation of non-pastoral use permit – by Board (1) The Board may, on its own initiative, by written notice given to a pastoral lessee in relation to whose pastoral land a non-pastoral use permit is in force, vary the permit if the Board considers the variation is appropriate, having regard to: (a) the conduct of the lessee in relation to the operation of the permit (including the extent to which the lessee has complied with the conditions of the permit); and (b) the likely impact on the environment if the variation were (c) whether the variation may result in: (i) a use for a non-pastoral purpose becoming the dominant use of the pastoral land; or (ii) Part 2, Division 3, Subdivision G of the NTA applying in relation to the variation; and (2) The notice must specify the variation.

Pastoral Land Act 1992 65 (3) If the Board varies the non-pastoral use permit, the Board must the written notice of variation for registration. (4) On registration by the Registrar-General of the written notice of variation, the non-pastoral use permit is varied as specified in the notice. (5) A non-pastoral use permit may be varied more than once under this (6) In this section: variation, of a non-pastoral use permit: (a) includes a variation of the conditions of the permit; but (b) does not include an extension of the term of the permit.

89C Variation of non-pastoral use permit – on application by pastoral lessee (1) A pastoral lessee in relation to whose pastoral land a non-pastoral use permit is in force may apply to the Board for a specified variation of the permit. (2) The application must be made in the approved form before the non-pastoral use permit is due to expire. (a) the conduct of the applicant in relation to the operation of the non-pastoral use permit (including the extent to which the applicant has complied with the conditions of the permit); and (b) the likely impact on the environment if the variation were (c) whether the variation may result in: (i) a use for a non-pastoral purpose becoming the dominant use of the pastoral land; or (ii) Part 2, Division 3, subdivision G of the NTA applying in relation to the variation; and

Pastoral Land Act 1992 66 (4) The Board must, by written notice to the applicant, decide the (a) varying the non-pastoral use permit as specified in the application; or (b) varying the non-pastoral use permit as specified in the application, but with specified changes made by the Board; or (c) refusing the application. (5) If the Board varies the non-pastoral use permit , the Board must the written notice of variation for registration. (6) On registration by the Registrar-General of the written notice of variation, the non-pastoral use permit is varied as specified in the notice. (7) If the Board has not decided the application before the non-pastoral use permit expires or otherwise ceases to have effect, the Board is taken to have refused the application. (8) A non-pastoral use permit may be varied more than once under this (9) In this section: variation, of a non-pastoral use permit: (a) includes a variation of the conditions of the permit; but (b) does not include an extension of the term of the permit.

89D Suspension of non-pastoral use permit – by Board (1) The Board may, on its own initiative, by written notice to a pastoral lessee in relation to whose pastoral land a non-pastoral use permit is in effect, suspend the permit if the Board thinks the suspension is appropriate, having regard to: (a) the conduct of the lessee in relation to the operation of the permit (including the extent to which the lessee has complied with the conditions of the permit); and (b) any special circumstances giving rise to the need for the suspension (including, for example, an emergency); and (c) the likely impact on the environment if the permit were suspended; and

Pastoral Land Act 1992 67 (2) The notice must specify: (a) the reason for the suspension; and (b) the period of the suspension (the suspension period). (3) Before the end of the suspension period, the Board may, by written notice given to the pastoral lessee: (a) extend the suspension period; or (b) revoke the non-pastoral use permit under section 89E; or (c) reinstate the non-pastoral use permit . (4) A non-pastoral use permit may be suspended more than once

89E Revocation of non-pastoral use permit – by Board (1) The Board may, on its own initiative, if the Board considers that a non-pastoral use permit should be revoked, by written notice to the pastoral lessee in relation to whose pastoral land the permit is in effect, give the lessee the opportunity to give reasons to the Board why the permit should not be revoked. (2) The notice must specify: (a) a reasonable time (the response time) by which the pastoral lessee must provide the reasons; and (b) if the notice has been given because the Board considers the lessee has contravened this Act in relation to the non-pastoral use permit or pastoral lease: (i) details of the contravention; and (ii) if the contravention can be remedied – that the lessee must take specified actions to remedy the contravention within a reasonable period as specified in the notice. (3) After the expiry of the response time, the Board may revoke the non-pastoral use permit if it thinks it appropriate, having had regard to: (a) whether or not the pastoral lessee has taken appropriate actions that will remedy a contravention (including, for example, actions mentioned in subsection (2)(b)(ii)); and

Pastoral Land Act 1992 68 (b) any reasons given by the lessee under subsection (1); and (c) the likely impact on the environment if the permit were revoked; and (4) If the Board revokes the non-pastoral use permit, the Board must the written notice of revocation for registration. (5) On registration by the Registrar-General of the written notice of revocation, the non-pastoral use permit ceases to have effect.

89F Suspension or revocation of non-pastoral use permit – on application by pastoral lessee (1) A pastoral lessee in relation to whose pastoral land a non-pastoral use permit is in force may apply to the Board for: (a) the suspension of the permit for a specified period; or (b) the revocation of the permit. (2) The application must be made in the approved form. (a) any special circumstances giving rise to the need for the suspension or revocation (including, for example, an emergency); and (b) the likely impact on the environment if the decision to suspend or revoke the non-pastoral use permit were made; and (c) any other matter prescribed by regulation. (a) approving the application by suspending or revoking the non- pastoral use permit; or (5) A non-pastoral use permit may be suspended more than once (6) If the Board revokes the non-pastoral use permit, the Board must the written notice of revocation for registration.

Pastoral Land Act 1992 69 (7) On registration by the Registrar-General of the written notice of revocation, the non-pastoral use permit ceases to have effect.

89G If non-pastoral use permit revoked (1) After revoking a non-pastoral use permit under section 89E or 89F, the Board may, in writing, direct the lessee of land in relation to which the permit had been granted to take reasonable steps to alleviate any impact on the land arising from the use of the land for a non-pastoral purpose. (2) A pastoral lessee commits an offence if: (a) the lessee receives written directions under subsection (1); and (b) the lessee intentionally engages in conduct; and (c) the conduct results in a contravention of the directions and the (3) Strict liability applies to subsection (2)(a).

90 Board may require pastoral lessee to provide details of uses (1) The Board may require a pastoral lessee to provide to it such details, and within such time, as it requires in relation to activities being carried out on land the subject of his or her pastoral lease and the lessee must provide the details accordingly. (2) If in the opinion of the Board (whether or not formed as a result of details provided under subsection (1)) an activity being carried out on pastoral land is not a pastoral purpose it may, by notice in writing to the pastoral lessee, require the lessee, within 30 days: (a) to apply to the Minister to surrender the part of the pastoral lease on which the activity is being carried out in exchange for a separate title under another Act for that non-pastoral purpose; or (b) to apply under section 86 for a non-pastoral use permit to carry out the activity.

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91 Board may declare use of land not to be pastoral use The Board may, at any time, by notice in the Gazette, declare a use of land described in the notice not to be a use for pastoral purposes.

91A Meaning of clear in relation to land Clear, in relation to land, means any of the following: (a) the killing, destruction or removal of native vegetation; (b) any substantial damage to native vegetation.

91B Meaning of native vegetation Native vegetation means a plant that is terrestrial or intertidal flora indigenous to the Territory. Examples for definition native vegetation Grasses, shrubs and mangroves.

91C Clearing of land (b) the conduct results in clearing pastoral land and the person is reckless in relation to that result; and (c) the clearing was not: (i) conducted in accordance with a clearing permit; or (ii) permitted under section 38(1)(k) or (2)(f) or 91D. Maximum penalty: 500 penalty units. (2) Strict liability applies to subsection (1)(c).

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91D Permitted clearing The Board may, by Gazette notice, determine that clearing pastoral land in circumstances specified in the notice is permitted without a Examples for section 91D 1 Clearing land to build a fence. 2 Clearing land to build a track. 91E Board may issue guidelines (1) The Board may issue guidelines for clearing pastoral land. (2) The Board must publish the guidelines in any manner that makes the guidelines publicly available in the Territory.

91F Application for clearing permit (1) A pastoral lessee may apply to the Board for a permit (a clearing permit) to conduct clearing for all or part of the land the subject of the lessee's pastoral lease. (2) An application for a clearing permit must be: (a) in the form approved by the Board; and (b) accompanied by any application fee determined by the Minister. (3) To avoid doubt, a clearing permit only permits a pastoral lessee to clear land subject to the lessee's pastoral lease and does not permit the lessee to use the land for a non-pastoral purpose. Note for subsection (3) A pastoral lessee may apply to the Board for a non-pastoral use permit under section 85A.

91G Public notice of application (1) Before making a decision on an application for a clearing permit, the Board must give public notice of the application. (2) The Board may determine the manner in which the public notice is (3) The notice must: (a) give details of the application; and

Pastoral Land Act 1992 72 (b) be in the form approved by the Board; and (c) invite any person who is interested in doing so to make written submissions to the Board about the application within the time specified in the notice (which must be not less than 14 days after the date the notice is first published).

91H Decision of application by Board (1) Before making a decision whether to grant a clearing permit, the Board must consider: (a) any submission received by the Board under section 91G(3)(c); and (b) any relevant guidelines issued by the Board under section 91E; and (c) any other matters the Board considers relevant. (2) After considering the matters mentioned in subsection (1), the Board must: (a) approve the application and grant the clearing permit, with or without conditions, to the applicant; or (b) refuse to grant the clearing permit. (3) The clearing permit must be in writing and include the following details: (a) the land on which the clearing may be conducted; (b) any conditions specified by the Board; (c) the clearing period.

91J Clearing period (1) The Board may determine that the clearing of land, in relation to a clearing permit: (a) must be completed within a specified period; or (b) is permitted to be completed in specified stages. (2) If the Board determines that the clearing is permitted in stages, the Board may also specify conditions to be satisfied at the conclusion of a stage.

Pastoral Land Act 1992 73 (3) If the Board does not make a determination under subsection (1), the clearing must be completed within 10 years from the date of the (4) If the holder of a clearing permit does not complete all or part of the clearing in accordance with subsection (1) or (3), the holder is presumed to have abandoned the incomplete clearing and the clearing period is taken to have lapsed.

91K Duration and effect of clearing permit (1) A clearing permit remains in force until the earlier of: (a) the day the permit is revoked under section 91R or 91S; or (b) the day the expiry of the pastoral lease granted for the land the subject of the permit. (2) While a clearing permit remains in force, the holder of the permit may: (a) during the clearing period – clear the land the subject of the permit; and (b) undertake work to maintain the land that was cleared in accordance with the permit. (3) Despite subsection (1)(b), if a clearing permit relates to land held under a term pastoral lease and at the expiry of that term the land for which the lease applied is granted a pastoral lease in perpetuity, the clearing permit continues: (a) in force as if the previous lease term had not expired; and (b) until revoked under section 91R or 91S. (4) If a clearing permit has been revoked under section 91R or 91S or the clearing period has lapsed under section 91J(4), a pastoral lessee is entitled to undertake work to maintain the land that was cleared in accordance with the permit despite the revocation or lapsed period. (5) The entitlement under subsection (4) does not permit the pastoral lessee to conduct any new clearing.

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91L Registration of clearing permit (1) The following are registrable instruments for the Land Title Act 2000: (a) a clearing permit; (b) any variation of a clearing permit under section 91P; (c) any extension of the clearing period under section 91N. (2) If the Board grants or varies a clearing permit or extends the clearing period, the Board must lodge with the Registrar-General details of the permit, variation or extension. (3) On lodgement of the details of the clearing permit, variation or extension, the Registrar-General must create an entry in the land register in relation to the land subject to the permit and record the particulars in accordance with the Land Title Act 2000.

91M Effect of clearing permit on dealing with lease If a clearing permit is registered under section 91L in relation to land held under a pastoral lease, any subsequent dealing with the lease is of the lease and the permit unless the dealing specifically states otherwise. Examples for section 91M Subsequent dealing with a lease may include a transfer of the lease or an assignment of the lease.

91N Extension of clearing period (1) The holder of a clearing permit may apply to the Board for an extension of the clearing period. (2) The application must be made in the form approved by the Board at least 3 months prior to the expiry of the clearing period. (3) Before making a decision whether to extend the clearing period, the Board must consider: (a) any relevant guidelines issued by the Board under section 91E; and (b) any other matter the Board considers relevant.

Pastoral Land Act 1992 75 (a) approving the application and extending the clearing period for the period specified by the Board; or (5) The clearing period may be extended more than once under this

91P Variation of clearing permit (1) The Board may, on its own initiative or on application by the holder of a clearing permit, vary a clearing permit if the Board thinks the variation is appropriate, having regard to the following: (a) the clearing permit and any conditions of the permit; (b) the proposed variation; (2) The variation must be given in writing to the holder of a clearing permit and include the details of the variation to the permit. (3) A clearing permit may be varied more than once under this section. (4) A variation under this section cannot extend the clearing period of a Note for subsection (4) The clearing period of a clearing permit may be extended under section 91N.

91Q Suspension of clearing permit by Board (1) The Board may, on its own initiative, suspend a clearing permit if the Board thinks the suspension is appropriate, having regard to: (a) the conduct of the holder of the permit in relation to the operation of the permit, including the extent to which the holder has complied with the conditions of the permit; and (b) any special circumstances giving rise to the need for the suspension; and Example for subsection (1)(b) Special circumstances may include an emergency.

Pastoral Land Act 1992 76 (2) The suspension notice must be given in writing to the holder of the clearing permit and include the following details: (a) the reason for the suspension; (b) the period of the suspension. (3) Before the end of the suspension period, the Board may, by written notice given to the holder of the clearing permit: (a) extend the suspension period; or (b) revoke the clearing permit under section 91R; or (c) reinstate the clearing permit. (4) A clearing permit may be suspended more than once under this

91R Revocation of clearing permit by Board (1) If the Board considers, on its own initiative, that a clearing permit should be revoked, the Board must, by written notice to the holder of the clearing permit, give the holder of the permit the opportunity to give reasons to the Board why the permit should not be revoked. (2) The notice under subsection (1) must specify: (a) a reasonable time by which the holder of the clearing permit must provide the reasons; and (b) if the notice has been given because the Board considers the holder of the clearing permit has not complied with the permit: (i) details of the non-compliance; and (ii) if the non-compliance can be remedied – that the holder of the permit must take specified actions to remedy the non-compliance within a reasonable period as specified in the notice. (3) After the expiry of the response time specified in the notice, the Board may revoke the clearing permit if the Board considers it appropriate, having regard to: (a) whether or not the holder of the permit has taken appropriate actions that will remedy the non-compliance, including any actions mentioned in subsection (2)(b)(ii); and

Pastoral Land Act 1992 77 (b) any reasons given by the holder of the permit under subsection (1); and (4) If the Board revokes the clearing permit, the Board must lodge with the Registrar-General the required number of copies of the written notice of revocation for registration. (5) On registration by the Registrar-General of the written notice of revocation, the clearing permit ceases to have effect.

91S Suspension or revocation of clearing permit – on application by holder of clearing permit (1) The holder of a clearing permit may apply to the Board for: (a) the suspension of the permit for a specified period; or (b) the revocation of the permit. (2) The application must be made in the form approved by the Board. (a) any special circumstances giving rise to the need for the suspension or revocation; and (b) any other matter the Board considers relevant. Example for subsection (3)(a) Special circumstances may include an emergency. (a) approving the application by suspending or revoking the clearing permit; or (5) A clearing permit may be suspended more than once under this (6) If the Board revokes the clearing permit, the Board must lodge with the Registrar-General the required number of copies of the written notice of revocation for registration. (7) On registration by the Registrar-General of the written notice of revocation, the clearing permit ceases to have effect.

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91T Stop work direction (1) The Board may give a person a notice directing the person to stop clearing land if the Board believes on reasonable grounds that the clearing has contravened, is contravening or will contravene: (a) a condition of a clearing permit; or (b) a provision of this Act. (2) The stop work direction must be in writing and specify: (a) the clearing and the land that the direction applies to; and (b) that the direction remains in force until revoked by the Board. (3) The Board may do any of the following: (a) revoke a stop work direction; (b) vary a stop work direction.

91U Offence about stop work direction (a) a stop work direction under section 91T is given to the person; and (b) the person engages in conduct; and (c) the conduct results in a contravention of the direction and the person is reckless in relation to that result.

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91V Rehabilitation direction (1) The Board may direct, by written notice, a person to rehabilitate land (a rehabilitation direction) if the Board believes on reasonable grounds that: (a) clearing land by the person resulted in substantial degradation of the land; or (b) clearing was contrary to the clearing permit or this Act. (2) The rehabilitation direction may: (a) require the person: (i) to prepare a rehabilitation plan for the land for the person to implement; and (ii) to submit the rehabilitation plan to the Board for approval within a specified period; or (b) specify that the Board has prepared a rehabilitation plan for the land which the person must implement. (3) After receiving a rehabilitation plan from a person under subsection (2)(a) for approval, the Board must: (a) if the Board considers the plan is adequate – approve the plan by written notice given to the person within 14 days of making the decision; or (b) if the Board does not consider the plan is adequate – return the plan by written notice given to the person for amendment as directed by the Board within 14 days of making the decision. (4) A person must implement: (a) the rehabilitation plan prepared by the Board under subsection (2)(b); or (b) the rehabilitation plan approved by the Board under subsection (3)(a). (5) If a rehabilitation plan requires the person to do a specified act within a specified period and the person fails to do the act within that period, the Board may authorise, in writing, a person to: (a) enter the land the subject of a rehabilitation plan, with or without equipment and machinery; and

Pastoral Land Act 1992 80 (b) do the act required to be done. (6) The cost to the Territory of work carried out under subsection (5) is a debt due and payable to the Territory.

91W Board may revoke or vary rehabilitation plan The Board may do any of the following: (a) vary a rehabilitation plan; (b) revoke a rehabilitation plan.

91X Duration of rehabilitation plan A rehabilitation plan remains in force until revoked by the Board under section 91W(b).

91Y Registration of rehabilitation plan (1) A rehabilitation plan is a registrable instrument for the Land Title Act 2000. (2) If the Board approves a rehabilitation plan, the Board may lodge with the Registrar-General details of the plan. (3) On lodgement of the details of the rehabilitation plan, the relation to the land subject to the plan and record the particulars in accordance with the Land Title Act 2000.

91Z Effect of rehabilitation plan on dealing with lease If a rehabilitation plan is registered under section 91Y in relation to land held under a pastoral lease, any subsequent dealing with the lease is of the lease and the plan unless the dealing specifically states otherwise. Examples for section 91Z Subsequent dealing with a lease may include a transfer of the lease or an assignment of the lease. 91ZA Offence for contravening rehabilitation direction (a) a rehabilitation direction is given to the person under section 91V(1); and

Pastoral Land Act 1992 81 (c) the conduct results in a contravention of the rehabilitation direction and the person is reckless in relation to that result. 91ZB Offence for contravening rehabilitation plan (a) the person is required to implement a rehabilitation plan under section 91V(4); and (c) the conduct results in a contravention of the rehabilitation plan and the person is reckless in relation to that result.

92 Definitions (1) In this Part, unless the contrary intention appears: applicant, in relation to an application, means: (a) an Aboriginal person: (i) who at any time since 1 January 1968 was ordinarily resident on land which, at any time since that date, was

Pastoral Land Act 1992 82 comprised in the pastoral lease to which the application relates or which, together with land that comprises the pastoral lease, was comprised in another pastoral lease; or (ii) who otherwise has an historical residential association with the pastoral lease the subject of the application, and who can demonstrate a present need for a community living area for himself or herself; or (b) where the lessee of the relevant pastoral lease has consented in writing to the application being made, any other Aboriginal person. application means an application under section 101. Chairperson means the Chairperson of the Tribunal, and includes the Deputy Chairperson: (a) while the Deputy Chairperson is exercising the powers and performing the functions of the Chairperson, including the performance of a function of the Chairperson in pursuance of a direction under section 106(1B)(b); or (b) in relation to a meeting of the Tribunal at which the Deputy Chairperson is directed, in pursuance of section 106(1A)(a), to preside. Deputy Chairperson means the Deputy Chairperson of the Tribunal. party, in relation to an application, means the applicant or the lessee of the pastoral lease to which the application relates. relevant Land Council means the Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth for the area of the Territory in which the land the subject of an application or grant, or to which an agreement under section 113 relates, is situated. relevant pastoral organization, in relation to an application, means the organisation referred to in section 93(3) and approved by the Minister or, where more than one organisation is approved, the organisation so approved as representing the interests of pastoralists in that part of the Territory in which the land the subject of the application or grant is situated. Tribunal means the Community Living Areas Tribunal continued in existence by section 93 or constituted under this Part.

Pastoral Land Act 1992 83 (2) In relation to an application: (a) a reference in this Part to pastoral land, a pastoral lease or land comprised in a pastoral lease includes a reference to an area which, at the time the application was made, was comprised in a pastoral lease but, before the application was finally disposed of, was converted to or included in a Crown lease of another kind and a lessee of the relevant lease into which the land was converted shall be a party to the application as if he or she were the pastoral lessee at the time the application was made; and (b) where the Tribunal has not been constituted in relation to the application before that conversion to or inclusion in the Crown lease of another kind or after that conversion or inclusion is for any reason to be constituted with a new member, a reference in section 93(2)(b), (4) and (5) to the relevant pastoral organisation shall be construed as a reference to the lessee of that Crown lease, and this Part, with the necessary changes, applies accordingly.

93 Continuation of Tribunal (1) Subject to this Part, the Tribunal established by the Crown Lands Act 1992 as in force before the commencement of this Act continues in existence under this Act as if established by this Division. (2) Subject to subsection (8) and to section 113(3), the Tribunal shall consist of: (a) a person who: (i) is a lawyer who has been admitted to the legal profession for at least 10 years; and (ii) is a Supreme Court Judge or a Local Court Judge or is practising as a legal practitioner in the Territory, and who is appointed by the Administrator to be the Chairperson of the Tribunal; (ab) one other person who has the qualifications required under paragraph (a)(i) and (ii) and who is appointed by the Administrator to be the Deputy Chairperson of the Tribunal; and

Pastoral Land Act 1992 84 (b) subject to subsection (5), in respect of each application or matter referred to it, 2 other members appointed by the Minister: (i) one of whom shall be appointed from a panel of 3 persons nominated by the relevant Land Council; and (ii) one of whom shall be appointed from a panel of 3 persons nominated by the relevant pastoral organisation. (3) The Minister shall, by notice in the Gazette, approve an organisation that, in the Minister's opinion, represents the interests of pastoralists in the Territory or a particular part of the Territory, for the purpose of nominating in pursuance of section 105 the panel for the purposes of subsection (2)(b)(ii). (4) A nomination of a panel for the purposes of subsection (2)(b) shall be in writing addressed to the Minister and shall be signed by or on behalf of the relevant Land Council or relevant pastoral organisation, as the case may be. (5) If a relevant Land Council or relevant pastoral organisation does not, within the period of 30 days after being required under section 105 to do so, nominate a panel of 3 persons of whom one is to be appointed to the Tribunal, the Minister shall, as soon as practicable after the expiration of the period, either: (a) appoint a person he or she thinks fit as a member in place of the member who would otherwise have been appointed from the panel nominated by the Land Council or organisation in default; or (b) decide not to make such an appointment, in which case the Tribunal shall be lawfully constituted without the appointment of that member. (6) A person who has a direct personal interest in the land the subject of an application or reference for consideration by the Tribunal, or in the outcome of the Tribunal's consideration of the application or reference, shall not be nominated, or be qualified to hold office, as a member of the Tribunal in relation to that application or reference. (7) The Tribunal is a statutory body within the meaning and for the purposes of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006.

Pastoral Land Act 1992 85 (8) The Tribunal may, in the Chairperson's discretion, be constituted by the Chairperson or the Deputy Chairperson alone for the purposes of the Tribunal: (a) giving directions in any matter within its jurisdiction (including general practice directions by the Chairperson and directions in relation to a particular matter); or (b) performing its functions or exercising its powers under section 106(4), (5) or (6).

94 Term of office A member of the Tribunal appointed under section 93(2)(b) or (5)(a), or for the purpose of a reference under section 113(3), or under section 28A(3) of the Lands Acquisition Act 1978, holds office as a member until the Tribunal makes its recommendation on the relevant application or reference to the Minister in accordance with section 108 or 114(5) or until the member sooner resigns his or her office as a member, his or her appointment is terminated or he or she acquires an interest of a kind referred to in section 93(6) but, subject to this Part, he or she is eligible to be re-appointed as a member of the Tribunal.

95 Resignation of members (1) A member of the Tribunal appointed under section 93(2)(b) or (5)(a), or for the purpose of a reference under section 114(3) or under section 28A(3) of the Lands Acquisition Act 1978 may, in writing delivered to the Minister, resign his or her office as a member. (2) The Chairperson or Deputy Chairperson of the Tribunal may, in writing delivered to the Administrator, resign his or her office.

96 Termination of appointment The Minister may, on the recommendation of the Chairperson, terminate the appointment of a member of the Tribunal appointed under section 93(2)(b) or (5)(a), or for the purpose of a reference under section 114(3) or under section 28A(3) of the Lands Acquisition Act 1978 for inefficiency, misbehaviour or physical or mental incapacity or when, because of illness, absence from the Territory or any other reason the member is unable conveniently to perform the duties of his or her office.

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