Part 2Objects and duties

Part 2—Objects and duties 4—Objects The objects of this Act are as follows: (a) to ensure that all pastoral land in the State is well managed and utilised prudently so that its renewable resources are maintained and its yield sustained; and (b) to provide for— (i) the effective monitoring of the condition of pastoral land; and (ii) the prevention of degradation of the land and its indigenous plant and animal life; and (iii) the rehabilitation of the land in cases of damage; and (c) to provide a form of tenure of Crown land for pastoral purposes that is conducive to the economic viability of the pastoral industry; and (d) to recognise the right of Aboriginal persons to follow traditional pursuits on pastoral land; and (e) to provide the community with a system of access to and through pastoral land that finds a proper balance between the interests of the pastoral industry and the interests of the community in enjoying the unique environment of the land; and (f) to provide for the operation of renewable energy infrastructure and the undertaking of associated infrastructure activities on pastoral land, concurrently with the land being used for pastoral purposes; and (g) to allow pastoral land to be used for conservation purposes; and (h) to allow pastoral land that is being used for pastoral or conservation purposes to also be used for other appropriate purposes (such as carbon farming). 5—Duty of the Minister and the Board The Minister and the Board, in administering this Act and in exercising any other power or discharging any other function in relation to pastoral leases— (a) must act consistently with and seek to further the objects of this Act; and (b) must have regard to plans or guidelines established by Government agencies, regional landscape boards and planning authorities that are applicable to pastoral land; and (c) must have regard to the relevant terms of any ILUA. 7—General duty of pastoral lessees It is the duty of a lessee throughout the term of a pastoral lease— (a) to carry out enterprises under the lease in accordance with good land management practices; and (b) to prevent degradation of the land; and (c) to endeavour, within the limits of financial resources, to improve the condition of the land. 8—Pastoral land not to be freeholded Despite any Act or law to the contrary— (a) the Minister cannot enter into any agreement or arrangement for transferring an estate in fee simple in pastoral land to the lessee of that land, except pastoral land that the Governor has determined is to be used for some purpose other than pastoral purposes; (b) a pastoral lease is the only form of tenure that can be granted over Crown land that is to be used wholly or principally for pastoral purposes. Note— Nothing prevents land that is to be used for conservation purposes, or for a combination of pastoral or conservation purposes and other purposes, (with the approval of the Board in accordance with this Act) from remaining subject to a pastoral lease. 9—Pastoral Land Management Fund (1) The Minister must establish a fund to be entitled the Pastoral Land Management Fund (in this section referred to as the Fund). (2) The Fund will consist of— (a) if the amount received in a particular year by way of rent paid under pastoral leases exceeds the administrative costs attributable to administering those leases for that year—a prescribed percentage (being not less than 5 per cent or more than 15 per cent) of the excess; and (b) any money provided by Parliament for the purposes of the Fund; and (c) any money paid into the Fund pursuant to any other Act; and (d) any accretions arising out of investment of the money of the Fund. (3) The amount to be paid into the Fund in respect of a particular year pursuant to subsection (2)(a) must be paid into the Fund no later than 30 June of the next ensuing year. (4) The money in the Fund may be invested in such manner as the Minister thinks fit. (5) Subject to subsection (6), the Fund must be applied in such manner as the Minister, on the recommendation of the Board, thinks fit for the following purposes and in the following order of priority: (a) research into techniques for pastoral land management, for prevention or minimisation of pastoral land degradation and for rehabilitation of degraded pastoral land; (b) the publication of research findings and dissemination of information relating to those techniques; (e) experimentation with and practical development of those techniques; (d) such other projects relating to the management and conservation of pastoral land as the Minister thinks fit. (6) The Fund may be applied for the purpose of making a payment under section 49K.