77Lessee not responsible for rectification of certain damage, &c.

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.