PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 32
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 32
(1) The Minister may,
by notice in the Gazette, resume any pastoral land.
(2) Before a notice is
published under subsection (1), the Minister must give written notice of
intention to resume to the lessee under the pastoral lease affected by the
proposal.
(3) The resumption
takes effect—
(a) if
the resumption is for the purposes of a solar energy facility—on a day
specified in the notice in the Gazette, which must be a day falling at least
2 months after the date on which that notice is given; or
(b) in
any other case—on a day specified in the notice in the Gazette, which
must be a day falling at least 6 months after the date on which that
notice is given.
(4) Where the whole of
the land subject to a pastoral lease is resumed, the resumption operates to
cancel the lease.
(5) Where part only of
the land subject to a pastoral lease is resumed—
(a) the
area of land resumed is excised from the area to which the lease formerly
applied; and
(b) the
lease continues to apply to the remainder of that land subject to—
(i)
any variation of its conditions specified in the notice;
(ii)
any variation of its conditions determined by the
Tribunal on the application of the lessee (and any such variation may,
according to the Tribunal's determination, operate in addition to or in
substitution of a variation under subparagraph (i)).
(6) For the purposes
of the South Australian Civil and Administrative Tribunal Act 2013 , an
application to vary any conditions of a lease under subsection (5)(b)(ii)
will be taken to come within the Tribunal's original jurisdiction.