40Breach of conditions

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.