LAND ACT 1933 - SECT 103

This legislation has been repealed.

LAND ACT 1933 - SECT 103

103 .         Penalty for non-stocking

        [(1) and (2) repealed]

        (3) (a)         Every pastoral lease is liable to forfeiture if the land the subject of that lease is not stocked or kept stocked with such number of sheep or cattle, or both sheep and cattle, as the Board in its opinion, on a fair and reasonable assessment of the capacity of that land for the carrying of stock, having regard to all the circumstances including the seasonal climatic conditions affecting the land and the period of time that has elapsed since the commencement of the lease, considers to be a number sufficient for stocking and keeping stocked that land; but no pastoral lease shall be forfeited under this section until such notice has been given to the lessee as the Minister considers reasonable in the circumstances of the case.

            (b)         Where the number of sheep or cattle, or both sheep and cattle, being depastured upon the land the subject of a pastoral lease exceeds the number that the Board considers that land is reasonably capable of carrying, to an extent that is likely in the opinion of that Board to adversely affect the capacity of that land for the carrying of stock, the Minister may by notice in writing —

                  (i)         prohibit the lessee from increasing the number of stock then so depastured; or

                  (ii)         require the lessee to reduce the stock so depastured to either or both a number or kind to be specified in the notice within a time to be so specified; or

                  (iii)         require the lessee to provide and maintain suitable fencing for the prevention or control of grazing on any area which is portion of the lease and which, in the opinion of the Board has been adversely affected by excessive numbers of stock being depastured thereon,

                and the Minister may by such notice also require the lessee to comply with such other requirements in respect to the stocking of the land as on the recommendation of the Board the Minister may think necessary or advisable and specifies in the notice.

        (4)         A lessee of a pastoral lease —

            (a)         shall furnish to the Board annually not later than 31 December a return in the prescribed form setting forth the respective numbers of sheep, cattle and horses with which the land the subject of his lease was stocked on the next preceding 30 June;

            (b)         shall not cause or permit stock to be agisted on any part of the land the subject of his lease unless he first obtains the permission in writing of the Minister on the recommendation of the Board to such agistment;

            (c)         shall at all times during the term of his lease use, manage and work the land the subject of his lease as a pastoral property in a proper and husbandlike manner and according to the most sound and approved methods of pastoral husbandry in relation to sheep and cattle and to the management, conservation and regeneration of pasture for pastoral purposes that prevail in the district wherein the land is situated to the intent that the land is utilized to the best advantage as a pastoral property.

        (5)         Any pastoral lease is liable to forfeiture if the lessee permits or suffers all or part of the land the subject of that lease to deteriorate to such extent as to necessitate in the opinion of the Minister a lengthy period of protection from the grazing thereon of stock in order to effect regeneration of pasture, or to be utilized in such manner that the land is likely in the opinion of the Minister to deteriorate to that extent if depasturing of stock is continued thereon.

        [Section 103 amended by No. 60 of 1963 s.16; No. 97 of 1980 s.13; No. 94 of 1982 s.7.]