PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 42

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 42

42—Verification of stock levels

        (1)         The lessee under a pastoral lease must, not later than 31 July in each year, furnish the Board with a statutory declaration as to stock levels on the pastoral land as at 30 June of that year.

        (2)         For the purpose of ascertaining at any time the amount of stock on pastoral land, or on any particular area of pastoral land, the Board may, by notice in writing to the lessee—

            (a)         require the lessee to furnish the Board, within a specified time, with a statutory declaration as to stock levels on the land; or

            (b)         require the lessee to muster stock in accordance with the terms of the notice in order to allow a person authorised by the Minister to count the stock.

        (3)         A statutory declaration furnished pursuant to this section must contain such information as the Board may require.

        (4)         If a lessee fails to comply with a notice under subsection (2)(b), the Board may cause the muster to be carried out and, subject to subsection (5), may recover the cost of doing so from the lessee as a debt.

        (5)         If a muster carried out pursuant to this section verifies that the stock levels as declared by the lessee in accordance with this section were accurate, the cost of carrying out the muster will be borne by the Crown.

        (6)         A declaration as to stock levels will be taken to be accurate if a subsequent muster finds that the numbers of stock on the land are less than or do not exceed by more than 10 per cent the declared levels.

        (7)         If a lessee fails, without reasonable excuse, to comply with a requirement of, or notice under, this section, the failure constitutes a breach of the conditions of the pastoral lease.