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PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 23

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 23

23—Rent

        (1)         The rent payable to the Crown under a pastoral lease

            (a)         is the amount from time to time determined under this section to be the annual rent for the lease; and

            (b)         is payable annually in arrears.

        (2)         The annual rent for a pastoral lease is to be determined as follows:

            (a)         the Valuer-General will from time to time determine the unimproved value of the land in accordance with the Valuation of Land Act 1971 , taking into account, in addition to any other matters taken into account under that Act, the following matters:

                  (i)         the purposes, whether authorised under the lease or by the Board, for which the land is used and the inherent capacity of the land to be used for those purposes; and

                  (ii)         any prevailing climatic conditions currently affecting the productivity of the land; and

                  (iii)         the proximity and accessibility of markets and other facilities to the extent that they affect the profitability of the lessee's enterprise; and

                  (iv)         any views as to land condition factors expressed by the regional landscape board within whose region the land is situated (and the Valuer-General must seek those views before making the determination); and

                  (v)         the views of any consultative committee established by the Minister for the purpose of assisting in the determination of pastoral lease rents;

            (b)         the Valuer-General will, on making a determination under paragraph (a), fix the annual rent for the lease as a percentage of the unimproved value of the land, being a percentage—

                  (i)         that represents, in the Valuer-General's opinion, the appropriate rate of return for the land, taking into account the purposes for which the land is being used; and

                  (ii)         that may vary from lease to lease according to the various purposes for which land is being used.

        (3)         The Valuer-General must make a determination of the rents for all pastoral leases at the same time.

        (4)         The Valuer-General—

            (a)         may make such a determination at any time; and

            (b)         must do so on direction by the Minister,

but, in any event, must make such a determination at least every 5 years.

        (5)         On completing a determination of the annual rent for a pastoral lease, the Valuer-General must give to the Board a notice of the determination that includes a statement of the unimproved value of the land and the percentage on which the rent is based.

        (6)         The Minister may, on the recommendation of the Board, and if the Minister is satisfied—

            (a)         that some factor exists affecting the profitability of the enterprise under a pastoral lease that has arisen since the Valuer-General last determined the annual rent for the lease; or

            (b)         that the lessee has, under an agreement with the Minister, carried out work on the land on behalf of the Minister for which the lessee has not been recompensed; or

            (c)         that the lessee has, on his or her own initiative, undertaken special measures to remedy or prevent degradation of the land,

reduce by an appropriate amount the rent that would otherwise be payable under the lease in respect of any particular year.

        (7)         The Board is responsible for issuing and sending to lessees annual rent accounts.

        (8)         The Board may, for the purposes of administrative efficiency, fix a common day by which the rent under all pastoral leases must be paid in each year and, for that purpose, rent accounts for a period greater or less than a year may be sent to lessees.

        (9)         A rent account must be accompanied by or include—

            (a)         a copy of the Valuer-General's notice of determination if a new determination has been made since the last rent account sent to the lessee; and

            (b)         an explanation of any debits or credits shown on the account; and

            (c)         a statement of the reasons for any reduction, waiver or deferment of rent pursuant to this section.

        (10)         The Minister may, on the recommendation of the Board, and if the Minister is satisfied that a case of hardship exists, waive or defer payment of any amount of the rent due and payable under a pastoral lease, subject to such conditions (if any) as the Board recommends.