PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SCHEDULE
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SCHEDULE
Schedule—Transitional provisions
4 A
reference to the Pastoral Board in any Act or instrument will be taken (where
the context admits) to be a reference to the Pastoral Board established under
this Act.
5 (1) Subject to
clause 6, a lease in force under the repealed Act immediately prior to
the commencement of this Act becomes, on that commencement, and continues in
force as, a pastoral lease under this Act with a term of 42 years running from
that commencement.
(2) The conditions
(including covenants) and reservations of such a lease are not affected by its
conversion to a pastoral lease pursuant to subclause (1), with the
following exceptions:
(a) rent
is payable in accordance with this Act;
(b) no
species of animal other than sheep or beef cattle can be pastured on the land
as part of the commercial enterprise under the lease without the prior
approval of the Board;
(c) the
reservations relating to aboriginal persons and access to the land will be
taken to have been revoked.
(3) Despite
sections 25 and 26 of the Act—
(a) the
question of the first extension of the term of a pastoral lease to which this
clause applies and the variation (if at all) of its land management conditions
must be dealt with, in accordance with those sections, no later than
31 December 2000; and
(b) any
such extension must be for such period as will bring the balance of the term
of the lease to 42 years.
6 (1) Clause 5
does not apply to a lease in force under the repealed Act if—
(a) the
Governor has determined that the land subject to the lease should be set aside
or used for some other more appropriate purpose; or
(b) the
Minister is satisfied that the land subject to the lease is no longer suitable
for pastoral purposes,
and written notice has been given by the Minister to the lessee proposing
resumption of the land or offering some other form of tenure of the land.
(2) An offer of
alternative tenure, if not accepted by the lessee, lapses two years after it
is made.
(3) The following
provisions apply in relation to a lease referred to in subclause (1):
(a) the
lease continues in force despite the repeal of the repealed Act and will,
subject to this Act, continue in force until expiry of its term;
(b) this
Act applies in relation to the lease as if it were a pastoral lease under this
Act, but—
(i)
the term of the lease cannot be extended; and
(ii)
the conditions of the lease cannot (except by agreement
with the lessee) be varied by the Board;
(c) rent
is payable in accordance with this Act;
(d) the
reservations in the lease relating to aboriginal persons and access to the
land will be taken to have been revoked.
(4) On expiry of a
lease to which this clause applies—
(a) the
lessee is entitled to compensation;
(b)
compensation will be based on the market value of the lease as if the lessee
were the holder of a pastoral lease; and
(c) the
amount of the compensation will be determined by agreement between the
Minister and the lessee or, in default of agreement, by the Supreme Court.