PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 25B
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 25B
(1) A lessee who has
received under section 25(4)—
(a) a
copy of an assessment; or
(b) a
written report of proposed action,
may, within 60 days after the copy of the assessment or the report is
forwarded to the lessee under that section, apply to the Minister for
assistance in relation to the lessee's dealings with the Board, or any other
person or body, as a consequence of the assessment or in relation to the
proposed action.
(2) An application
under subsection (1)—
(a) may
request that the assistance be provided by a particular member of the pool of
persons established under section 25A; and
(b) must
identify—
(i)
the nature of the assistance sought by the lessee; and
(ii)
if the lessee seeks assistance to dispute any part of the
assessment, or oppose any proposed action—the grounds for the dispute or
opposition; and
(c) must
be made in a manner and form determined by the Minister and will not be
conditional on the payment of any fee.
(3) If an application
is made under subsection (1), the Minister must, unless satisfied that
the application is frivolous or vexatious, appoint a member of the pool to
provide assistance to the lessee in accordance with any guidelines published
in accordance with section 25A(8) (and if the application requests that
the assistance be provided by a particular member of the pool, the Minister
must appoint that member unless the Minister is of the opinion that it would
be inappropriate for any reason for that member to do so).
(4) A member of the
pool must—
(a)
inform the Minister in writing of any direct or indirect interest that the
person has or acquires that conflicts, or may conflict, with the provision of
any assistance that the member is appointed to provide; and
(b)
comply with any directions given by the Minister regarding the resolution of
the conflict, or potential conflict.
Maximum penalty: $20 000.
(5)
Subsection (4) does not apply in relation to an interest that the member
has or acquires while the member remains unaware that he or she has an
interest in the matter, but in any proceedings against the member the burden
will lie on the member to prove that he or she was not, at the material time,
aware of his or her interest.
(6) No civil liability
attaches to a member of the pool for an act or omission in good faith in the
exercise or purported exercise of a function under this section.
(7) The Pastoral Board
must give consideration to any comments made to the Board by the lessee
relating to the assessment, or the written report of proposed action, referred
to in subsection (1).