41Breaches to be referred to Board

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