PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 37

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 37

37—Cancellation of lease or imposition of fine on breach of conditions

        (1)         Subject to subsection (2), the Board may—

            (a)         impose a fine on the lessee under a pastoral lease of an amount not exceeding $10 000; or

            (b)         cancel a pastoral lease,

if satisfied that a breach of a condition of the lease has occurred.

        (2)         The Board cannot cancel a pastoral lease unless satisfied—

            (a)         that the lessee has been allowed a reasonable opportunity to make good the breach but has failed to do so; or

            (b)         that cancellation is necessary in order to prevent, arrest or minimise damage to or deterioration of the land.

        (3)         On cancelling a pastoral lease under this section, the Board may—

            (a)         order that the lessee or the holder of any registered interest in or caveat over the lease be compensated for loss suffered as a result of the cancellation to such extent as the board thinks fit (but the total amount payable under all such orders must not exceed the market value of the lessee's interest less the costs incurred by the Board in taking action under this section); or

            (b)         make such incidental or ancillary orders as it thinks fit.

        (4)         On cancellation of a pastoral lease under this section, the land is freed from all encumbrances and claims.

        (5)         Fines imposed under this section—

            (a)         are payable by the Board into the Consolidated Account; and

            (b)         if unpaid, may be recovered by the Board from the lessee as a debt.