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PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 26

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 26

26—Extension of term of pastoral leases and variation of conditions

        (1)         The Board may, by notice in writing given to the lessee, vary the land management conditions of a pastoral lease to take effect on the date or dates specified in the notice (and, if a property plan has been approved in respect of the pastoral lease, the variation must accord with the terms of the plan).

        (2)         However, the Board cannot vary the land management conditions of a pastoral lease unless the lease conditions as varied by the Board are accepted by the lessee.

        (3)         Subject to subsection (5), the Board must, by notice in writing given to the lessee within 12 months after the completion of the most recent assessment under section 25

            (a)         if the land management conditions of a pastoral lease are not to be varied by the notice under this subsection—extend the term of a pastoral lease; or

            (b)         if the land management conditions of a pastoral lease are to be varied by the notice under this subsection—offer to extend the term of a pastoral lease,

by such period as will bring the term to 42 years (measured from the date the most recent assessment was completed).

        (4)         An offer to extend the term of a pastoral lease under subsection (3)(b) is subject to the condition that the lessee accepts the lease conditions as varied within 12 months after receiving the offer (and if the lessee does not accept the lease conditions as varied within that period the offer is, by force of this section, withdrawn).

        (5)         The Board may refuse to extend the term of a pastoral lease if satisfied—

            (a)         there has been a wilful breach of a condition of the lease resulting in, or likely to result in, degradation of the land; or

            (b)         the lessee has, without reasonable excuse, failed to discharge a duty imposed by section 7.

        (6)         If—

            (a)         an offer to extend a pastoral lease has been withdrawn under subsection (4); or

            (b)         the Board has refused to extend the term of a pastoral lease under subsection (5),

the Board may (either on an application by the lessee or of its own motion), if satisfied that the grounds for the revocation or refusal no longer exist, extend the term of a pastoral lease by such period as will bring the balance of the term to 42 years (measured from the date the most recent assessment was completed).

        (7)         For the purposes of this section, an assessment is taken to have been completed on the day that the Board resolves to issue a notice under subsection (3).