South Australian Consolidated Acts

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 32

32—Resumption of land

        (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 on a day specified in the notice in the Gazette, which must be a day falling at least six 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)).