PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 41
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 41
(1) If the Board is of
the opinion that pastoral land has, from any cause, been damaged, or is likely
to suffer damage or deteriorate, and that in order to prevent, arrest or
minimise damage to or deterioration of the land, or to rehabilitate the land,
it is necessary that action under this section be taken, the Board may, by
notice in writing to the lessee, require the lessee—
(a) to
submit to the Board a plan (a "property plan") detailing the proposed
management of the pastoral land over a specified period; or
(b) to
submit to the Board a revised property plan,
in accordance with the terms of the notice.
(2) The Board must
not, in exercising its powers under subsection (1), act capriciously or
vexatiously.
(3) A property plan
must contain such information as the Board may require.
(4) The Board
may—
(a)
approve, by endorsement, a property plan or revised property plan; or
(b)
refer the plan back to the lessee for modification; or
(c)
reject the plan and—
(i)
require, by notice in writing, the lessee to submit a
fresh plan; or
(ii)
prepare (or revise, as the case may be) a property plan
itself and recover the cost of doing so from the lessee as a debt.
(5) If a lessee fails
to comply with a notice under subsection (1) or (4), the Board may
prepare a property plan or revised property plan in respect of the
pastoral land and recover the cost of doing so from the lessee as a debt.
(6) A property plan or
revised property plan prepared by the Board pursuant to subsection (4) or
(5) will be taken to be an approved property plan for the land to which it
relates.
(7) The Board may, by
endorsement, approve a property plan voluntarily submitted to the Board by a
lessee.
(8) An approved
property plan may, with the approval of the Board, be varied by the lessee.
(9) A property plan or
revised property plan must be prepared in consultation with the regional
landscape board for the region in which the pastoral land to which the plan
relates is located.
(9a) Where a proposed
property plan (including a property plan prepared or revised by the Board)
includes or will include an activity for which a permit would, but for
section 106 of the Landscape South Australia Act 2019 , be required
under that Act, the Board must not approve the plan or prepare or revise it
without first consulting and having regard to the views of the authority under
that Act to whom an application for a permit for that activity would otherwise
have to be made.
(10) If a lessee
fails, without reasonable excuse—
(a) to
comply with a notice under subsection (1) or (4); or
(b) to
implement an approved property plan,
the failure constitutes a breach of the conditions of the pastoral lease.