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Pastoral Land Management and Conservation Act 1989
Div 1Reviews by Tribunal
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Division 1—Reviews by Tribunal
50—Jurisdiction of Tribunal
(1) A lessee who is dissatisfied with—
(a) a decision to vary the conditions of a pastoral lease; or
(b) a decision not to extend the term of a pastoral lease; or
(c) a decision under section 41 (property plans); or
(d) a decision under section 45 (establishment of public access routes and stock routes); or
(e) a refusal of consent to a transfer, assignment, mortgage, subletting or other dealing with a pastoral lease; or
(f) a decision to cancel a pastoral lease or impose a fine on a lessee for breach of lease conditions,
may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.
(2) An application for review must be made within 3 months after notification of the decision to the lessee.
(3) For the purposes of proceedings before the Tribunal under this Part, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with expertise that would be of value to the Tribunal in exercising its jurisdiction under this part.
(4) In any proceedings under this Part, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (3).
51—Operation of certain decisions pending review
(1) Subject to this section, a decision in relation to which an application for review to the Tribunal may be made continues to operate despite the right to make such an application or the commencement of proceedings for review.
(2) A decision to cancel a pastoral lease or impose a fine on a lessee for breach of lease conditions cannot be implemented or enforced until the period for commencing proceedings for a review of the decision has elapsed or, if an application has been made to the Tribunal, until the proceedings have been determined or withdrawn.
(3) The operation of a decision in relation to which an application for review to the Tribunal has been made may, on the application of the lessee, be suspended by the Tribunal in whole or in part pending the determination of the matter.
52—Related provisions
(1) The Tribunal may not allow non‑party intervention in proceedings before the Tribunal under this Division.
(2) The Tribunal must require the parties to proceedings under this Division to attend a compulsory conference under section 50 of the South Australian Civil and Administrative Tribunal Act 2013.
(3) Counsel for the parties to proceedings under this Division are not entitled to attend a compulsory conference under subsection (2).