Northern Territory Consolidated Acts Northern Territory Consolidated Acts40. Breach of conditions
(1) Where the Minister is satisfied that a pastoral lessee has failed to comply with a condition of his or her pastoral lease, the Minister may give notice in writing of the breach to the lessee and require the lessee to furnish to the Minister, within the time specified in the notice, an explanation of why the lessee has not complied with the condition.
(2) If the Minister, after considering an explanation furnished as required under subsection (1), is satisfied with the explanation, the Minister may, by notice in writing to the pastoral lessee, waive the breach and may direct that the condition be complied with within such time as is specified in the notice.
(3) If:
(a) an explanation is not furnished as required under subsection (1);
(b) the Minister is not satisfied with the explanation furnished and notifies the lessee in writing of that fact; or
(c) the pastoral lessee fails to comply with the condition within the time specified under subsection (2),
the Minister may, subject to sections 41 and 53, in the Minister's discretion:
(d) by notice in writing to the lessee, direct that the condition be complied with within such time as the Minister specifies in the notice; or
(e) except in the case of a perpetual pastoral lease, if the Minister is satisfied that the non-compliance has been wilful and that the lessee has made no real effort to comply with the condition, decide to forfeit the lease.
(4) Where a pastoral lessee fails to comply with a notice under subsection (3)(d) within the time specified in the notice, the Minister may, subject to section 53, except in the case of a perpetual pastoral lease, decide to forfeit the lease.
(5) Where under subsection (3)(e) or (4) the Minister decides to forfeit a lease, the Minister shall give written notice of the decision (together with, in the case of a decision under subsection (3)(e), a statement of the Minister's reasons for the decision) to the lessee.
(6) The Minister may, not earlier than 28 days after the service of a notice referred to in subsection (5) or where, within that time, an appeal against the Minister's decision is lodged under section 119(1)(c) after the appeal has been determined and the Minister's decision has been confirmed, by notice in the Gazette , forfeit the lease.
(7) A pastoral lessee who fails to comply with a notice under subsection (3)(d) within the time specified in the notice is guilty of an offence.
Penalty: $10,000 and $500 for each day during which the offence continues.
(8) Proceedings for an offence referred to in subsection (7) shall not be instituted except with the consent in writing of the Minister or the Minister's delegate.