Part 8Miscellaneous

Part 8—Miscellaneous 57—Misuse of pastoral land (1) A person who, without lawful authority or excuse— (a) occupies pastoral land; or (b) brings animals onto pastoral land or causes or permits animals (for which the person is responsible) to enter or remain on pastoral land; or (c) damages or interferes with pastoral land, or anything on pastoral land; or (d) cuts down, lops branches from or otherwise damages any living tree or bush on pastoral land; or (e) pollutes any water on the land, whether stored or a natural source of water; or (f) deposits litter or abandons any goods on pastoral land; or (g) erects or places any structure on pastoral land; or (h) hunts or shoots on pastoral land, is guilty of an offence. Maximum penalty: $10 000. Expiation fee: $315. (2) In proceedings for an offence against subsection (1), the onus of proving lawful authority or excuse lies on the defendant. 58—Notice to be given of cattle muster (1) Subject to subsection (2), a person must not muster cattle on pastoral land outside the dog fence unless at least 14 but not more than 28 days notice in writing of the proposed muster has been given to the occupiers of adjacent land. (2) Subsection (1) does not require notice to be given to a particular occupier of adjacent land if an agreement, approved by the Board, for the giving of some other form or period of notice exists between the person proposing to muster and that occupier. 59—Right to take water (1) A person exercising a right of access to or through pastoral land pursuant to this Act— (a) may take water from any natural source or storage point on the land, but only so much as is sufficient for his or her personal or domestic needs; and (b) in the case of a person travelling with stock, may permit the stock access to water on the land, subject to compliance with such directions as the lessee may give. (2) The holder of a mining tenement over pastoral land may, with the approval of the Board, take reasonable quantities of water from any natural source or storage point on the land for mining, personal or domestic purposes, but not so as to deprive the lessee of the water necessary for all of the lessee's purposes. (3) A person who takes water pursuant to subsection (2) is liable to pay compensation to the lessee in accordance with the regulations. (4) Subsections (1) and (2) do not entitle a person to take water from a domestic rainwater tank. (5) This section is subject to the Landscape South Australia Act 2019. 60—Policing powers (1) An authorised officer may— (a) require any person who is on pastoral land without lawful authority or excuse to leave the land; (b) require any person reasonably suspected of having committed an offence in relation to pastoral land to state his or her name and address; (c) arrest any person on pastoral land who is reasonably suspected of having committed an offence in relation to pastoral land. (2) A person who fails to comply with a requirement under subsection (1) is guilty of an offence. (3) A person arrested under this section must be taken as soon as practicable to the nearest police station. 61—Powers of entry etc (1) Subject to this section, an authorised officer, a member of the Board, the Minister or any other person authorised by the Minister for the purpose may, at any reasonable time, exercise any of the following powers in relation to pastoral land: (a) enter the land; (b) carry out an inspection of the land; (c) take samples from the land; (d) take photographs; (e) carry out work authorised by the Board pursuant to this Act on the land. (2) A person cannot exercise powers under subsection (1) unless reasonable notice has been given to the lessee, orally or in writing, but no such notice need be given in the following circumstances: (a) where it is not practicable to do so; or (b) where the person believes on reasonable grounds that an offence has been, is being or is about to be committed on the land, or that a breach of the conditions of the pastoral lease has occurred or is occurring. (3) An authorised officer or person may seize any animals found trespassing on pastoral land. (4) Any such animals will be impounded, sold or destroyed in accordance with policies determined by the Minister. (5) A person exercising powers under this section may be accompanied by such assistants as are reasonably necessary in the circumstances. (6) An authorised officer or other person must at the request of the lessee, or an agent of the lessee, produce for the inspection of that person a certificate or other proof of his or her authority to exercise the powers conferred by this section. 62—Act does not derogate from Mining Act, Opal Mining Act or Petroleum and Geothermal Energy Act Nothing in this Act derogates from the operation of the Mining Act 1971, the Opal Mining Act 1995 or the Petroleum and Geothermal Energy Act 2000 or of a tenement granted under any of those Acts. 63—Offence of hindering or obstructing person exercising powers under this Act (1) A person who intentionally hinders or obstructs a person acting in the exercise of powers conferred by this Act is guilty of an offence. Expiation fee: $210. (2) A person who addresses offensive language to a person acting in the exercise of powers conferred by this Act is guilty of an offence. Expiation fee: $210. (3) A person who assaults a person acting in the exercise of powers conferred by this Act is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. 65—Duty of Registrar-General (1) The Registrar-General will— (a) issue such pastoral leases; or (b) cancel such pastoral leases; or (c) make such endorsements on pastoral leases or other instruments, as may be necessary or expedient for the purposes of the administration of this Act. (2) The reference in this section to the issuing of a pastoral lease extends to any process (including an electronic process) under which a pastoral lease is brought into existence. 66—Certain debts are charges over leases Where pursuant to this Act the Board may recover from a lessee the costs incurred by the Board in taking action under this Act, the amount from time to time due and payable by the lessee is a charge over the pastoral lease, ranking in priority before all other charges or mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality). 67—Service of notices A written notice required or authorised by this Act to be given to a person may be given as follows: (a) by personal service on the person or an agent of the person; (b) by leaving it for the person at his or her place of residence or business with someone apparently over the age of 16 years; (c) by serving it by post on the person or an agent of the person; (d) if the whereabouts of the person is unknown—by affixing it in a prominent position on the land to which it relates, or publishing a copy of it in a newspaper circulating generally throughout the State. 68—Evidentiary provision In any proceedings— (a) a certificate apparently signed by the Minister or the Chief Executive of the Department responsible to the Minister for the administration of this Act that specified land is or is not— (i) pastoral land; or (ii) a public access route; or (iii) a stock route; or (iv) a reference area, will be accepted, in the absence of proof to the contrary, as proof of the matter certified; (b) a map or plan apparently signed by or on behalf of the Surveyor-General will be accepted, in the absence of proof to the contrary, as an accurate map or plan of the land to which it relates; (c) a certificate of value apparently signed by or on behalf of the Valuer-General will be accepted, in the absence of proof to the contrary, as proof of the value of the pastoral lease to which it relates as at the date of the certificate; (d) a certificate as to a delegation apparently signed by a body or person who has a power of delegation under this Act will be accepted, in the absence of proof to the contrary, as proof of the delegation. 69—General defence (2) In any proceedings for an offence against this Act it is a defence for the defendant to prove that, in the circumstances of the case, there was no failure on his or her part to take reasonable care to avoid commission of the offence. 70—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), those regulations may— (a) prohibit, regulate or restrict a specified activity or a specified class of activity on pastoral land generally, or on a specified area of pastoral land, or on public access routes or stock routes generally, or on a specified route or specified part of a route; (b) fix standard conditions or reservations for pastoral leases; (c) prescribe fees and provide for their recovery or waiver by the Minister; (d) prescribe fines, not exceeding $1 250, for contravention of the regulations. Schedule—Transitional provisions 4 A reference to the Pastoral Board in any Act or instrument will be taken (where the context admits) to be a reference to the Pastoral Board established under this Act. 5 (1) Subject to clause 6, a lease in force under the repealed Act immediately prior to the commencement of this Act becomes, on that commencement, and continues in force as, a pastoral lease under this Act with a term of 42 years running from that commencement. (2) The conditions (including covenants) and reservations of such a lease are not affected by its conversion to a pastoral lease pursuant to subclause (1), with the following exceptions: (a) rent is payable in accordance with this Act; (b) no species of animal other than sheep or beef cattle can be pastured on the land as part of the commercial enterprise under the lease without the prior approval of the Board; (c) the reservations relating to aboriginal persons and access to the land will be taken to have been revoked. (3) Despite sections 25 and 26 of the Act— (a) the question of the first extension of the term of a pastoral lease to which this clause applies and the variation (if at all) of its land management conditions must be dealt with, in accordance with those sections, no later than 31 December 2000; and (b) any such extension must be for such period as will bring the balance of the term of the lease to 42 years. 6 (1) Clause 5 does not apply to a lease in force under the repealed Act if— (a) the Governor has determined that the land subject to the lease should be set aside or used for some other more appropriate purpose; or (b) the Minister is satisfied that the land subject to the lease is no longer suitable for pastoral purposes, and written notice has been given by the Minister to the lessee proposing resumption of the land or offering some other form of tenure of the land. (2) An offer of alternative tenure, if not accepted by the lessee, lapses two years after it is made. (3) The following provisions apply in relation to a lease referred to in subclause (1): (a) the lease continues in force despite the repeal of the repealed Act and will, subject to this Act, continue in force until expiry of its term; (b) this Act applies in relation to the lease as if it were a pastoral lease under this Act, but— (i) the term of the lease cannot be extended; and (ii) the conditions of the lease cannot (except by agreement with the lessee) be varied by the Board; (c) rent is payable in accordance with this Act; (d) the reservations in the lease relating to aboriginal persons and access to the land will be taken to have been revoked. (4) On expiry of a lease to which this clause applies— (a) the lessee is entitled to compensation; (b) compensation will be based on the market value of the lease as if the lessee were the holder of a pastoral lease; and (c) the amount of the compensation will be determined by agreement between the Minister and the lessee or, in default of agreement, by the Supreme Court. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Pastoral Land Management and Conservation Act 1989 repealed the following: Pastoral Act 1936 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Pastoral Land Management and Conservation Act 1989 7.9.1989 7.3.1990 except s 12(2)—(8)—7.3.1996: s 2 Statutes Amendment (Expiation of Offences) Act 1992 19.11.1992 Sch—1.3.1993 (Gazette 18.2.1993 p600) Pastoral Land Management and Conservation (Board Membership) Amendment Act 1996 Statutes Amendment (Water Resources) Act 1997 19.6.1997 Pt 5 (ss 22—24)—2.7.1997 (Gazette 26.6.1997 p3052) Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Act 1998 Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) Natural Resources Management Act 2004 5.8.2004 Sch 4 (cll 30—36)—1.7.2005 (Gazette 30.6.2005 p2093) Pastoral Land Management and Conservation (Miscellaneous) Amendment Act 2004 5.8.2004 9.9.2004 (Gazette 9.9.2004 p3610) Statutes Amendment (Environment and Conservation Portfolio) Act 2005 9.6.2005 Pt 6 (ss 29 & 30) & Sch 5—23.6.2005 (Gazette 23.6.2005 p1901) Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 61 (s 164)—1.6.2007 (Gazette 26.4.2007 p1352) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 109 (ss 260 & 261)—1.2.2010 (Gazette 28.1.2010 p320) Arkaroola Protection Act 2012 8.3.2012 Sch 1 (cl 5)—26.4.2012 (Gazette 26.4.2012 p1496) Pastoral Land Management and Conservation (Renewable Energy) Amendment Act 2014 23.10.2014 19.9.2015 (Gazette 17.9.2015 p4278) Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 28 (ss 180—183)—1.7.2015 (Gazette 25.6.2015 p3076) Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 33 (ss 187 to 191)—4.10.2018 (Gazette 28.6.2018 p2618) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 20 (s 129)—9.8.2019 (Gazette 8.8.2019 p2948) Landscape South Australia Act 2019 21.11.2019 Sch 5 (cll 58 to 64)—1.7.2020 (Gazette 25.6.2020 p3502) Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 70 & 71)—1.1.2021 (Gazette 10.12.2020 p5638) Hydrogen and Renewable Energy Act 2023 23.11.2023 Sch 1 (cll 4 to 11)—11.7.2024 (Gazette 11.7.2024 p2114) Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Act 2024 28.3.2024 27.6.2024 (Gazette 27.6.2024 p1894) Biodiversity Act 2025 26.6.2025 Sch 5 (cll 81 to 83)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title Pt 1