South Australian Consolidated Acts

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 43

43—Notices to destock or take other action

        (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 to do any one or more of the following:

            (a)         remove a specified number of stock from the land or a particular part of the land;

            (b)         keep the amount of stock on the land or a particular part of the land to a specified level, or to keep no stock at all on that land;

            (c)         carry out specified improvements to or land treatment works on the land;

            (d)         adopt or desist from specified land management practices,

in accordance with the terms of the notice.

        (2)         A notice under subsection (1) may provide—

            (a)         that it is to have effect for a specified period; or

            (b)         that it is to have effect until the Board, on the application of the lessee, directs that the notice cease to operate.

        (2a)         Where the Board proposes to issue or vary a notice under subsection (1) that would require a lessee to undertake an activity for which a permit would, but for section 129 of the Natural Resources Management Act 2004 , be required under that Act, the Board must not issue or vary the notice 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.

        (3)         The Board may, by notice in writing to the lessee, vary or revoke a notice under this section.

        (4)         If a lessee fails to comply with a notice under subsection (1), the Board may cause the required action to be carried out and may 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), the failure constitutes a breach of the conditions of the pastoral lease.