83Closure for rehabilitation and conservation purposes

83 Closure for rehabilitation and conservation purposes (1) A pastoral lessee may apply to the Board for permission to close or close from access under section 79 or 81, or permit the use or such access subject to conditions, any land to which members of the public would otherwise have the use or access, on the grounds that the land, or adjoining water or pastoral land, is being or is likely to be degraded because of the use or access or that the use or access, or proposed use or access, is interfering with or will interfere with the reasonable conduct of the pastoral lessee's enterprise. (2) The Board may, in its absolute discretion, whether or not as a result of an application under subsection (1), by Gazette notice and by giving public notice, declare that members of the public do not have a right, without the specific permission of the pastoral lessee, to use or have access to land specified in the notice, either absolutely or during such period as is specified in the notice, or to use the land or have the access only subject to such conditions as are specified or referred to in the notice and, accordingly, the right ceases to exist or exists only subject to those conditions. (2A) The Board may determine the manner in which the public notice is (3) A person who contravenes a declaration under subsection (2) or a condition imposed under that subsection is guilty of an offence. Maximum penalty: 4 penalty units. (4) An offence against subsection (3) is an offence of strict liability. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.