42Remedial action on pastoral lease

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.