74Reference areas

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.