Northern Territory Consolidated Acts

PASTORAL LAND ACT - SECT 3

(1) In this Act, unless the contrary intention appears:

Aborigine means a person who is a member of the Aboriginal race of Australia.

Appeal Tribunal means the Pastoral Land Appeal Tribunal established by section 115(1).

approved means approved by the Minister.

Board means the Pastoral Land Board established by section 11 or, in relation to a power or function delegated under section 24 to a member or members of the Board, that member or those members.

Chairman , in relation to the Board, means the Chairman appointed under section 16 and includes a person appointed under section 19(1) to act as the Chairman while the person is so acting.

condition , in relation to a pastoral lease, includes a covenant and a term and, in relation to land, means the state of the land.

Crown land means all lands of the Territory, including the bed of the sea within territorial limits, but does not include reserved or dedicated land.

degradation , in relation to land, means a decline in the condition of the natural resources of the land, including the capacity of the land to sustain pastoral productivity, resulting directly or indirectly from human activities on or affecting the land.

District means a pastoral district into which the Territory is divided under section 8.

feral animal means an animal of a kind introduced into Australia since 1787 that is living in a wild state.

homestead , in relation to land the subject of a pastoral lease, means a building or group of buildings and other facilities of a substantial nature built for residential, administrative and management purposes and used for those purposes in connection with the legitimate pastoral use of the land.

improved pasture , in relation to pastoral land, means a variety of plant not native to the District in which the pastoral land is situated that is sown and cultivated for consumption by grazing animals or for soil conservation or improvement purposes.

improvements has the same meaning as it has in the Valuation of Land Act .

lessee includes:

(a) the person to whom a lease passes, whether by transfer or devolution;

(b) a person permitted, in pursuance of an arrangement under section 50, to hold over land that was the subject of a former pastoral lease after the expiration of the term of the lease;

(c) a mortgagee in possession; and

(d) where applicable, a sublessee or other person in control of the relevant land.

monitoring site means a monitoring site established under section 75.

pastoral land means land the subject of a pastoral lease.

pastoral lease means a lease granted over Crown land for pastoral purposes and includes a pastoral homestead lease and land which, in pursuance of an arrangement under section 50, is held over by the former lessee after the expiration of the term of a pastoral lease.

pastoral lessee means a lessee under a pastoral lease.

pastoral purposes means the pasturing of stock for sustainable commercial use of the land on which they are pastured or agricultural or other non- dominant uses essential to, carried out in conjunction with, or inseparable from, the pastoral enterprise, including the production of agricultural products for use in stock feeding and pastoral based tourist activities such as farm holidays, but does not include a use which, under section 91, is declared by the Board not to be a use for pastoral purposes.

reference area means an area of pastoral land declared under section 74(1) to be a reference area.

rehabilitate , in relation to land, means to bring the land back as near as practicable to the condition it was in before its degradation, having particular regard to its capacity to carry stock and its level of soil stability or, where there is a remedial plan in force in respect of the land, the action required to comply with the remedial plan or as otherwise directed by the Board.

remedial plan means a plan prepared by a pastoral lessee at the direction of the Board (or under section 76(5) by the Board) that details the proposed management of pastoral land over a specified period (or the time taken to rectify a problem) to prevent, arrest or minimise degradation of the pastoral land or to rehabilitate the land.

rent means annual rental.

stock means a species of animal permitted by or under this Act or the terms of a pastoral lease to be pastured on pastoral land as part of the pastoral enterprise under the lease.

Surveyor-General means the person appointed or acting as the Surveyor-General for the Northern Territory under the Licensed Surveyors Act .

unimproved value means unimproved capital value within the meaning of the Valuation of Land Act .

Valuer-General means the person appointed as the Valuer-General for the Northern Territory under the Valuation of Land Act .

(2) In this Act, a reference to a lease as:

(a) granted in perpetuity, means that the term of the lease continues indefinitely; and

(b) perpetual, means that the lease is granted in perpetuity.