[BIL049-B.HAL]

House of Assembly—No. 92

 

[As laid on the table and read a first time, 20 November 2002]

 

South Australia

 

 

 

 

[Prepared by the Parliamentary Counsel on the instructions of the Hon. G. Gunn, M.P.]

 

PASTORAL LAND MANAGEMENT AND CONSERVATION (CONTINUOUS LEASES) AMENDMENT BILL 2002

 

 

A Bill For

 

An Act to amend the Pastoral Land Management and Conservation Act 1989.

 

[OPC-H12]

SUMMARY OF PROVISIONS

 

1.Short title

2.Amendment of s. 6—Assessment of land

3.Substitution of ss. 24 and 25

24.Term of pastoral leases is continuous

25.Assessment of pastoral land

4.Amendment of s. 26—Variation of land management conditions

5.Amendment of s. 27—Exemption from stamp duty

6.Amendment of s. 39—Compensation

7.Amendment of s. 40—Notice of adverse action to be given to holders of registered interests or caveats

8.Amendment of s. 54—Appeal against certain decisions

9.Amendment of Schedule

 

 

The Parliament of South Australia enacts as follows:

 

Short title

1. (1) This Act may be cited as the Pastoral Land Management and Conservation (Continuous Leases) Amendment Act 2002.

 

(2) The Pastoral Land Management and Conservation Act 1989 is referred to in this Act as "the principal Act".

 

Amendment of s. 6—Assessment of land

2. Section 6 of the principal Act is amended—

 

(a)by striking out from subsection (1) "Assessment" and substituting "An assessment";

 

(b)by striking out paragraph (d) of subsection (1) and substituting the following paragraph:

 

(d)must be jointly carried out by two persons, one of whom has been selected for the purpose by the Board, and the other has been selected by the South Australian Farmers Federation after consultation with the lessee, from among those persons appointed or assigned to carry out land assessments under this Act.;

 

(c)by inserting after subsection (1) the following subsection:

 

(1a) Persons must not be appointed or assigned to carry out land assessments under this Act unless they are qualified and experienced in land assessment techniques.

 

Substitution of ss. 24 and 25

3. Sections 24 and 25 of the principal Act are repealed and the following sections are substituted:

 

Term of pastoral leases is continuous

24. (1) The term of a pastoral lease, whether granted before or after the commencement of this section, is continuous.

 

(2) Subsection (1) applies to a pastoral lease granted before the commencement of this section despite the provisions of the lease, which are modified accordingly, and despite any other provision of this Act.

 

(3) However, this section does not apply to a pastoral lease to which clause 6 of the Schedule refers.

 

Assessment of pastoral land

25. (1) The Board must cause an assessment of the condition of the land comprised in each pastoral lease to be carried out at intervals of not more than 14 years.

 

(2) The Board must give a lessee at least 2 months' notice in writing of an impending assessment of the lessee's land under this section.

 

Amendment of s. 26—Variation of land management conditions

4. Section 26 of the principal Act is amended—

 

(a)by striking out from subsection (1) "at the commencement of the next 14 year period of the term of the lease" and substituting "on a day specified in the notice";

 

(b)by inserting in subsection (2)(a) "last periodic" before "assessment";

 

(c)by striking out paragraph (c) of subsection (2);

 

(d)by striking out subsection (3).

 

Amendment of s. 27—Exemption from stamp duty

5. Section 27 of the principal Act is amended by striking out "or extension of the term of a lease".

 

Amendment of s. 39—Compensation

6. Section 39 of the principal Act is amended—

 

(a)by striking out paragraph (b) of subsection (1);

 

(b)by striking out from subsection (2)(b) "or were not expiring but had been duly extended in accordance with this Act".

 

Amendment of s. 40—Notice of adverse action to be given to holders of registered interests or caveats

7. Section 40 of the principal Act is amended by striking out paragraph (c) of subsection (1).

 

Amendment of s. 54—Appeal against certain decisions

8. Section 54 of the principal Act is amended by striking out paragraph (b) of subsection (1).

 

Amendment of Schedule

9. The Schedule of the principal Act is amended by striking out subclause (3) of clause 5.

 

By Authority: J. D. Ferguson, Government Printer, South Australia