• Specific Year
    Any

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5         (1)         Subject to clause 6, a lease in force under the repealed Act immediately prior to the commencement of this Act becomes, on that commencement, and continues in force as, a pastoral lease under this Act with a term of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            (c)         the reservations relating to aboriginal persons and access to the land will be taken to have been revoked.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6         (1)         Clause 5 does not apply to a lease in force under the repealed Act if—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.