Pastoral Land Management and Conservation Act 1989 (SA)

South Australia

Pastoral Land Management and Conservation Act 1989

An Act to make provision for the management and conservation of pastoral land; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Pastoral Land Management and Conservation Act 1989.

3Interpretation

(1)
In this Act, unless the contrary intention appears—
Aboriginal people means the people who inhabited Australia before European colonisation;
Aboriginal person means a descendant of the Aboriginal people who is accepted as a member by a group in the community who claim descent from the Aboriginal people;
associated infrastructure activity and associated infrastructure licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;
authorised officer means—
(a)
a police officer; or
(b)
a person appointed by the Minister as an authorised officer for the purposes of this Act;
the Board means the Pastoral Board established under this Act;
carbon farming means land management activities that avoid or reduce carbon in the atmosphere or sequester carbon in the landscape, as defined in the regulations;
Note—
See subsection (3).
conservation purposes means conservation of biodiversity, ecosystems or native vegetation (including by way of heritage agreements or environmental benefits under the Native Vegetation Act 1991) or other ancillary conservation uses;
Crown land means land held by the Crown that has not been alienated in fee simple and is not part of a reserve under the National Parks and Wildlife Act 1972 or subject to any lease (other than a mining lease), agreement to purchase or dedication;
degradation of land means a decline in the quality of the natural resources of the land resulting from human activities on the land, and degraded has a corresponding meaning;
hydrogen generation facility and hydrogen generation licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;
ILUA means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth, the parties to which must include, but are not limited to, the Crown, a lessee of pastoral land and a native title group;
motor vehicle means any vehicle capable of being driven or ridden that is propelled by means of an engine;
native title group means—
(a)
in the case where the ILUA is an ILUA (body corporate agreement) under Part 2 Division 3 Subdivision B of the Native Title Act 1993 of the Commonwealth—the persons referred to in section 24BD(1) of that Act; and
(b)
in the case where the ILUA is an ILUA (area agreement) under Part 2 Division 3 Subdivision C of the Native Title Act 1993 of the Commonwealth—the persons referred to in section 24CD(2) or (3) (as the case requires) of that Act; and
(c)
in any case—
(i)
a person who is, pursuant to section 24EA of the Native Title Act 1993 of the Commonwealth, bound by a particular ILUA; and
(ii)
a person—
(A)
who holds native title; or
(B)
who is a member of a native title claim group (within the meaning of the Native Title Act 1993 of the Commonwealth),
in relation to the land or waters subject to a particular ILUA; and
(iii)
any other person identified in the regulations as being included within the ambit of this definition,
but does not include a person identified in the regulations as being excluded from the ambit of this definition;
pastoral land means land comprised in a pastoral lease;
pastoral lease means a lease granted under this Act over Crown land for pastoral purposes or other purposes (such as carbon farming or conservation purposes) with the approval of the Board under this Act;
pastoral purposes means the pasturing of stock and other ancillary purposes;
rehabilitation of degraded land means to bring the land back to at least the condition it was in before its degradation, having particular regard to its capacity to carry stock and its level of soil stability;
renewable energy infrastructure and renewable energy licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;
the repealed Act means the Pastoral Act 1936 repealed by this Act;
stock means any species of animal permitted by the terms of a pastoral lease to be pastured by the lessee on the land as part of the commercial enterprise under the lease;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
unimproved value, in relation to land, means unimproved value as defined in the Valuation of Land Act 1971;
variation of conditions includes an addition, deletion or substitution, and to vary has a corresponding meaning.
(2)
For the purposes of the definition of ILUA, a native title group does not include a person who would not, but for the operation of paragraph (c) of the definition of native title group, be included in the definition of native title group.
(3)
The Minister must consult with the following bodies on any regulations proposed to be made for the purposes of the definition of carbon farming in subsection (1) before those regulations are made:
(a)
the Board;
(b)
the Conservation Council of South Australia Inc;
(c)
First Nations of South Australia Aboriginal Corporation;
(d)
Primary Producers SA Incorporated;
(e)
Livestock SA Incorporated.

Part 2Objects and duties4Objects

The objects of this Act are as follows:
(a)
to ensure that all pastoral land in the State is well managed and utilised prudently so that its renewable resources are maintained and its yield sustained; and
(b)
to provide for—
(i)
the effective monitoring of the condition of pastoral land; and
(ii)
the prevention of degradation of the land and its indigenous plant and animal life; and
(iii)
the rehabilitation of the land in cases of damage; and
(c)
to provide a form of tenure of Crown land for pastoral purposes that is conducive to the economic viability of the pastoral industry; and
(d)
to recognise the right of Aboriginal persons to follow traditional pursuits on pastoral land; and
(e)
to provide the community with a system of access to and through pastoral land that finds a proper balance between the interests of the pastoral industry and the interests of the community in enjoying the unique environment of the land; and
(f)
to provide for the operation of renewable energy infrastructure and the undertaking of associated infrastructure activities on pastoral land, concurrently with the land being used for pastoral purposes; and
(g)
to allow pastoral land to be used for conservation purposes; and
(h)
to allow pastoral land that is being used for pastoral or conservation purposes to also be used for other appropriate purposes (such as carbon farming).

5Duty of the Minister and the Board

The Minister and the Board, in administering this Act and in exercising any other power or discharging any other function in relation to pastoral leases—
(a)
must act consistently with and seek to further the objects of this Act; and
(b)
must have regard to plans or guidelines established by Government agencies, regional landscape boards and planning authorities that are applicable to pastoral land; and
(c)
must have regard to the relevant terms of any ILUA.

7General duty of pastoral lessees

It is the duty of a lessee throughout the term of a pastoral lease—
(a)
to carry out enterprises under the lease in accordance with good land management practices; and
(b)
to prevent degradation of the land; and
(c)
to endeavour, within the limits of financial resources, to improve the condition of the land.

8Pastoral land not to be freeholded

Despite any Act or law to the contrary—
(a)
the Minister cannot enter into any agreement or arrangement for transferring an estate in fee simple in pastoral land to the lessee of that land, except pastoral land that the Governor has determined is to be used for some purpose other than pastoral purposes;
(b)
a pastoral lease is the only form of tenure that can be granted over Crown land that is to be used wholly or principally for pastoral purposes.
Note—
Nothing prevents land that is to be used for conservation purposes, or for a combination of pastoral or conservation purposes and other purposes, (with the approval of the Board in accordance with this Act) from remaining subject to a pastoral lease.

9Pastoral Land Management Fund

(1)
The Minister must establish a fund to be entitled the Pastoral Land Management Fund (in this section referred to as the Fund).
(2)
The Fund will consist of—
(a)
if the amount received in a particular year by way of rent paid under pastoral leases exceeds the administrative costs attributable to administering those leases for that year—a prescribed percentage (being not less than 5 per cent or more than 15 per cent) of the excess; and
(b)
any money provided by Parliament for the purposes of the Fund; and
(c)
any money paid into the Fund pursuant to any other Act; and
(d)
any accretions arising out of investment of the money of the Fund.
(3)
The amount to be paid into the Fund in respect of a particular year pursuant to subsection (2)(a) must be paid into the Fund no later than 30 June of the next ensuing year.
(4)
The money in the Fund may be invested in such manner as the Minister thinks fit.
(5)
Subject to subsection (6), the Fund must be applied in such manner as the Minister, on the recommendation of the Board, thinks fit for the following purposes and in the following order of priority:
(a)
research into techniques for pastoral land management, for prevention or minimisation of pastoral land degradation and for rehabilitation of degraded pastoral land;
(b)
the publication of research findings and dissemination of information relating to those techniques;
(e)
experimentation with and practical development of those techniques;
(d)
such other projects relating to the management and conservation of pastoral land as the Minister thinks fit.
(6)
The Fund may be applied for the purpose of making a payment under section 49K.

Part 3AdministrationDivision 1The Minister10Power of Minister to delegate

(1)
The Minister may delegate any of the Minister's powers or functions under this Act (except for this Part)—
(a)
to the Board; or
(b)
to any particular person or body; or
(c)
to the person for the time being occupying a particular office or position.
(2)
A delegation under this section—
(a)
must be by instrument in writing; and
(b)
may be absolute or conditional; and
(c)
does not derogate from the power of the Minister to act in any matter; and
(d)
is revocable at will by the Minister.

11Appointment of authorised officers

(1)
The Minister may appoint such persons to be authorised officers for the purposes of this Act as the Minister thinks fit.
(2)
An appointment under this section—
(a)
will be for a period stated in the instrument of appointment; and
(b)
may be made subject to conditions limiting the area within which, or the purposes for which, the appointee may exercise the powers of an authorised officer.
(3)
A person appointed as an authorised officer must be issued with an identity card in a form approved by the Minister.

Division 2The Board12Establishment of Pastoral Board

(1)
The Pastoral Board is established.
(2)
The Board consists of 6 members appointed by the Minister, of whom—
(a)
one, being a person who has, in the opinion of the Minister, wide experience in administration of pastoral leases; and
(b)
one, being a person who has, in the opinion of the Minister responsible for the administration of the Native Vegetation Act 1991, a wide knowledge of the ecology, and experience in the management, of the pastoral land of this State, will be appointed on the nomination of that Minister; and
(c)
one, being a person who, in the opinion of the Minister responsible for the administration of the Livestock Act 1997, has had wide experience in the field of land and soil conservation of pastoral land, will be appointed on the nomination of that Minister; and
(d)
one will be selected by the Minister from a list of 3 persons who produce beef cattle on pastoral land outside the dog fence, submitted by Livestock SA Incorporated; and
(e)
one will be selected by the Minister from a list of 3 persons who produce sheep on pastoral land inside the dog fence, submitted by Primary Producers SA Incorporated; and
(f)
one will be selected by the Minister from a list of 3 persons submitted by the Conservation Council of South Australia Inc (the Conservation Council), being persons who, in the opinion of the Conservation Council, have knowledge of, and experience in, the conservation of the rangelands environment.
(3)
At least one member must be a woman and one a man.
(4)
The Minister will appoint a member of the Board to preside at meetings of the Board.
(5)
The Minister must appoint a deputy to each member of the Board.
(6)
A person who is to be the deputy of a member appointed under subsection (2)(d), (e) or (f) must be appointed in the same manner as the member was appointed to the Board.
(7)
Where the appointments of a member under subsection (2)(d), (e) or (f) and of that member's deputy are being made at the same time, both must be selected from the one panel of names.
(8)
A deputy may, in the absence of the member, act as a member of the Board.

13Conditions of office

(1)
A member of the Board will be appointed for a term not exceeding three years and will, on the expiration of a term of office, be eligible for reappointment.
(2)
The Minister may remove a member of the Board from office—
(a)
for misconduct; or
(b)
for neglect of duty; or
(c)
for incompetence; or
(d)
for mental or physical incapacity to carry out the duties of office satisfactorily.
(3)
The office of a member becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice addressed to the Minister; or
(d)
is removed from office by the Minister under subsection (2).
(4)
Upon the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

14Allowances and expenses

A member of the Board is entitled to such allowances and expenses as the Minister may determine.

15Procedure at meetings

(1)
A meeting of the Board will be chaired by the member appointed to preside at meetings or, in the absence of that person, by a member chosen by the members present from amongst their own number.
(2)
Subject to subsection (3), the Board may act despite there being vacancies in its membership.
(3)
Four members constitute a quorum of the Board and no business may be transacted at a meeting of the Board unless a quorum is present.
(4)
Each member present at a meeting of the Board has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.
(5)
A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board.
(5a)
A conference by telephone or other electronic means between members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—
(a)
notice of the conference is given to all members in the manner determined by the Board for that purpose; and
(b)
each participating member is capable of communicating with every other participating member during the conference.
(5b)
A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—
(a)
a notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and
(b)
a majority of the members expresses concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the proposed resolution.
(5c)
The Board must cause accurate minutes of its meetings to be kept.
(6)
Subject to this Act, the proceedings of the Board may be conducted as it thinks fit.

16Conflict of interest under Public Sector (Honesty and Accountability) Act

A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with pastoralists generally, or a substantial section of pastoralists.

17Functions of Board

(1)
The Board is responsible to the Minister for the administration of this Act and, in carrying out that function, is subject to the control and direction of the Minister.
(2)
The other functions of the Board are as follows:
(a)
to advise the Minister on the policies that should govern the administration of pastoral land;
(b)
to advise the Minister on any other matter referred to the Board by the Minister;
(c)
to perform the other functions assigned to the Board by or under this Act or another Act or by the Minister.

18Delegation by Board

(1)
The Board may, with the consent of the Minister, delegate any of its powers or functions (other than the function of advising the Minister on the policies that should govern the administration of pastoral land)—
(a)
to a member of the Board; or
(b)
to any particular person or body; or
(c)
to the person for the time being occupying a particular office or position.
(2)
A delegation under this section—
(a)
must be by instrument in writing; and
(b)
may be absolute or conditional; and
(c)
does not derogate from the power of the Board to act in any matter; and
(d)
is revocable at will by the Board.

18AAnnual report

(1)
The Board must, no later than 30 September in each year, furnish the Minister with a report of its operations during the preceding financial year.
(2)
The Minister must, within 12 sitting days of receiving a report, have copies of it laid before both Houses of Parliament.

Part 4Pastoral leases19Grant of leases

(1)
Subject to this Act, the Minister may grant pastoral leases over Crown land.
(2)
Where the Minister proposes to make Crown land available for lease under this Act, the process for taking a lease must be an open competitive process.
(3)
Subsection (2) does not apply—
(a)
if the Minister is satisfied that special circumstances exist justifying the addition of the land to the holding of an existing lease; or
(b)
if the land was subject to a pastoral lease that was surrendered upon condition that a further such lease be granted to the same lessee or a nominee of the lessee; or
(c)
if the Minister is satisfied, on the recommendation of the Board, that for any other good and proper reason it would be just and equitable to offer the land to a particular person.

20Assessment of land prior to grant of lease

(1)
The Minister cannot grant a pastoral lease over Crown land—
(a)
if the Governor has determined that the land should be set aside or used for some other more appropriate purpose; or
(b)
unless—
(i)
the Board is satisfied that the land is suitable for the purposes for which the pastoral lease would be granted; and
(ii)
an assessment has been made of the condition of the land.
(2)
However, the Minister may grant a pastoral lease over Crown land without an assessment having been made under subsection (1)(b)(ii) if an assessment has been made within the previous 14 years.

21Execution of leases

Where—
(a)
a document intended to constitute a pastoral lease is sent to the prospective lessee for execution; and
(b)
the document is not returned duly executed, together with such fees or other amounts as may be required, within a period (which must be at least 30 days) specified in an accompanying notice,
the Minister may decline to enter into the lease and forfeit any deposit or other money paid in connection with it.

22Conditions of pastoral leases

(1)
A pastoral lease will be granted subject to conditions and reservations providing for the following matters (but no others):
(a)
general conditions providing for—
(iii)
the payment of rent annually in arrears;
(iv)
the lessee's obligation to pay in the due manner all rates, taxes and other government charges in relation to the land;
(v)
the lessee's obligation to comply with the following Acts and any regulations under those Acts to the extent that they apply in relation to the land:

(A)
the Landscape South Australia Act 2019; and
(B)
the Dog Fence Act 1946; and
(C)
the Mining Act 1971; and
(D)
the Petroleum and Geothermal Energy Act 2000; and
(E)
the Hydrogen and Renewable Energy Act 2023; and
(G)
any other prescribed Act;
(vi)
the lessee's obligation not to hinder or obstruct any person who is exercising, or attempting to exercise, a right of access to the land pursuant to this Act or any other Act;
(b)
land management conditions providing for—
(i)
the lessee's obligation not to pasture (as part of the commercial enterprise under the lease) any species of animal on the land other than the species specified in the lease, except with the prior approval of the Board;
(ii)
the lessee's obligation to ensure that numbers of stock on the land or a particular part of the land do not exceed the maximum levels specified in the lease, except with the prior approval of the Board;
(iii)
the lessee's obligation not to use the land for any purpose other than pastoral purposes, except with the prior approval of the Board;
(iv)
the lessee's obligation to maintain existing fencing in a stockproof condition;
(v)
the lessee's obligation to maintain existing constructed stock watering points in proper working order;
(vi)
the lessee's obligation to close off specified areas on the land, or to close or move specified access points on the land, for the purposes of rehabilitation of degraded land;
(vii)
in the case of a pastoral lease relating to land in the Arkaroola Protection Area under the Arkaroola Protection Act 2012—the lessee's obligation to use the land in accordance with the management plan under that Act;
(c)
reservations providing for—
(i)
the property in minerals, petroleum, underground waters and live or dead standing timber on or under the land to be vested in the Crown;
(ii)
the right of the Commissioner of Highways to establish public roads across the land;
(iii)
the right of a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed to grant a renewable energy licence or an associated infrastructure licence under that Act.
(1a)
A condition referred to in subsection (1)(a) or (1)(b), and a reservation referred to in subsection (1)(c), will be taken to be a condition or reservation (as the case requires) of all pastoral leases (whether granted before or after the commencement of this subsection).
(2)
The form of a pastoral lease and any matters (such as maximum stock levels) to be specified in the conditions of a lease will be determined by the Board.
(3)
The only conditions of a pastoral lease that can be varied by the Board pursuant to this Act are the land management conditions.
(4)
Nothing in this Act prevents a lessee and the Board from entering into an agreement for the variation of a condition of the lease.
(5)
A condition of a pastoral lease is, to the extent that it relates to the minimum stocking rate of pastoral land, void and of no effect.
(6)
The Board may, at the request or with the consent of the lessee—
(a)
approve the pasturing (as part of the commercial enterprise under the lease) of a species of animal other than a species specified in the lease; and
(b)
approve a level of stock on the land, or on a particular part of the land, in excess of the maximum levels specified in the lease; and
(c)
approve the use of land subject to a pastoral lease for a purpose other than pastoral purposes (including, without limitation, conservation purposes or, if the land is being used for pastoral or conservation purposes, carbon farming); and
(d)
—
(i)
set aside from use for pastoral purposes land, or a part of the land, subject to a pastoral lease; and
(ii)
approve the use of the pastoral land set aside for the primary purpose of traditional Aboriginal pursuits, conservation purposes or other purposes as specified by the Board.
(7)
An approval of the Board under subsection (6) must be in writing and may be subject to conditions.

23Rent

(1)
The rent payable to the Crown under a pastoral lease—
(a)
is the amount from time to time determined under this section to be the annual rent for the lease; and
(b)
is payable annually in arrears.
(2)
The annual rent for a pastoral lease is to be determined as follows:
(a)
the Valuer-General will from time to time determine the unimproved value of the land in accordance with the Valuation of Land Act 1971, taking into account, in addition to any other matters taken into account under that Act, the following matters:
(i)
the purposes, whether authorised under the lease or by the Board, for which the land is used and the inherent capacity of the land to be used for those purposes; and
(ii)
any prevailing climatic conditions currently affecting the productivity of the land; and
(iii)
the proximity and accessibility of markets and other facilities to the extent that they affect the profitability of the lessee's enterprise; and
(iv)
any views as to land condition factors expressed by the regional landscape board within whose region the land is situated (and the Valuer-General must seek those views before making the determination); and
(v)
the views of any consultative committee established by the Minister for the purpose of assisting in the determination of pastoral lease rents;
(b)
the Valuer-General will, on making a determination under paragraph (a), fix the annual rent for the lease as a percentage of the unimproved value of the land, being a percentage—
(i)
that represents, in the Valuer-General's opinion, the appropriate rate of return for the land, taking into account the purposes for which the land is being used; and
(ii)
that may vary from lease to lease according to the various purposes for which land is being used.
(3)
The Valuer-General must make a determination of the rents for all pastoral leases at the same time.
(4)
The Valuer-General—
(a)
may make such a determination at any time; and
(b)
must do so on direction by the Minister,
but, in any event, must make such a determination at least every 5 years.
(5)
On completing a determination of the annual rent for a pastoral lease, the Valuer-General must give to the Board a notice of the determination that includes a statement of the unimproved value of the land and the percentage on which the rent is based.
(6)
The Minister may, on the recommendation of the Board, and if the Minister is satisfied—
(a)
that some factor exists affecting the profitability of an enterprise under a pastoral lease that has arisen since the Valuer-General last determined the annual rent for the lease; or
(b)
that the lessee has, under an agreement with the Minister, carried out work on the land on behalf of the Minister for which the lessee has not been recompensed; or
(c)
that the lessee has, on his or her own initiative, undertaken special measures to remedy or prevent degradation of the land,
reduce by an appropriate amount the rent that would otherwise be payable under the lease in respect of any particular year.
(7)
The Board is responsible for issuing and sending to lessees annual rent accounts.
(8)
The Board may, for the purposes of administrative efficiency, fix a common day by which the rent under all pastoral leases must be paid in each year and, for that purpose, rent accounts for a period greater or less than a year may be sent to lessees.
(9)
A rent account must be accompanied by or include—
(a)
a copy of the Valuer-General's notice of determination if a new determination has been made since the last rent account sent to the lessee; and
(b)
an explanation of any debits or credits shown on the account; and
(c)
a statement of the reasons for any reduction, waiver or deferment of rent pursuant to this section.
(10)
The Minister may, on the recommendation of the Board, and if the Minister is satisfied that a case of hardship exists, waive or defer payment of any amount of the rent due and payable under a pastoral lease, subject to such conditions (if any) as the Board recommends.

24Term of pastoral leases

(1)
Subject to subsection (2), a pastoral lease will be granted for a term of 42 years.
(2)
Where a lessee surrenders two or more pastoral leases for the purposes of merger of the leases, the term of the lease to be granted to the lessee will be such term as the Board, having regard to the terms of the surrendered leases, thinks appropriate.

25Assessment of land

(1)
The Board must cause an assessment of the condition of the land comprised in each pastoral lease to be completed at intervals of not more than 14 years.
(2)
An assessment of the condition of land pursuant to this Act—
(a)
must be thorough; and
(b)
must include an assessment of the capacity of the land to carry stock (taking into account the purposes for which the land is being used); and
(c)
must be conducted in accordance with recognised scientific principles; and
(d)
must be carried out by persons who are qualified and experienced in land assessment techniques; and
(e)
must take into account any matter prescribed by the regulations.
(3)
The Board must, by notice in writing, advise a lessee of a proposed assessment not less than 28 days before the assessment is due to commence.
(4)
On completing an assessment of the condition of land, the Board must forward—
(a)
a copy of the assessment; and
(b)
a written report of any action the Board proposes taking as a consequence of the assessment,
to the lessee.
(5)
The Board cannot take any action under this Act as a consequence of an assessment until after the end of the period during which an application for assistance may be lodged under section 25B.

25AEstablishment of pool of persons for the purposes of section 25B

(1)
The Minister must establish a pool of persons for the purposes of section 25B.
(2)
The pool will consist of such number of persons (being not less than 2 and not more than 6) as the Minister thinks fit, appointed by the Minister after consultation with Livestock SA Incorporated and the Conservation Council of South Australia Inc.
(3)
A member of the public service is not eligible for appointment as a member of the pool.
(4)
A member of the pool will be appointed on terms and conditions determined by the Minister.
(5)
Each person appointed under subsection (2) must have qualifications or experience in pastoral land management.
(6)
The Minister must maintain a public register containing the name and contact details of each member of the pool.
(7)
The public register is to be available for inspection, without fee, during ordinary office hours—
1. (a)
  at a public office, or public offices, determined by the Minister; and
2. (b)
  at a website determined by the Minister.
(8)
The Minister may, by notice in the Gazette, publish guidelines in relation to the provision of assistance under section 25B.

25BAssistance to lessee

(1)
A lessee who has received under section 25(4)—
(a)
a copy of an assessment; or
(b)
a written report of proposed action,
may, within 60 days after the copy of the assessment or the report is forwarded to the lessee under that section, apply to the Minister for assistance in relation to the lessee's dealings with the Board, or any other person or body, as a consequence of the assessment or in relation to the proposed action.
(2)
An application under subsection (1)—
(a)
may request that the assistance be provided by a particular member of the pool of persons established under section 25A; and
(b)
must identify—
(i)
the nature of the assistance sought by the lessee; and
(ii)
if the lessee seeks assistance to dispute any part of the assessment, or oppose any proposed action—the grounds for the dispute or opposition; and
(c)
must be made in a manner and form determined by the Minister and will not be conditional on the payment of any fee.
(3)
If an application is made under subsection (1), the Minister must, unless satisfied that the application is frivolous or vexatious, appoint a member of the pool to provide assistance to the lessee in accordance with any guidelines published in accordance with section 25A(8) (and if the application requests that the assistance be provided by a particular member of the pool, the Minister must appoint that member unless the Minister is of the opinion that it would be inappropriate for any reason for that member to do so).
(4)
A member of the pool must—
(a)
inform the Minister in writing of any direct or indirect interest that the person has or acquires that conflicts, or may conflict, with the provision of any assistance that the member is appointed to provide; and
(b)
comply with any directions given by the Minister regarding the resolution of the conflict, or potential conflict.
Maximum penalty: $20 000.
(5)
Subsection (4) does not apply in relation to an interest that the member has or acquires while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.
(6)
No civil liability attaches to a member of the pool for an act or omission in good faith in the exercise or purported exercise of a function under this section.
(7)
The Pastoral Board must give consideration to any comments made to the Board by the lessee relating to the assessment, or the written report of proposed action, referred to in subsection (1).

26Extension of term of pastoral leases and variation of conditions

(1)
The Board may, by notice in writing given to the lessee, vary the land management conditions of a pastoral lease to take effect on the date or dates specified in the notice (and, if a property plan has been approved in respect of the pastoral lease, the variation must accord with the terms of the plan).
(2)
However, the Board cannot vary the land management conditions of a pastoral lease unless the lease conditions as varied by the Board are accepted by the lessee.
(3)
Subject to subsection (5), the Board must, by notice in writing given to the lessee within 12 months after the completion of the most recent assessment under section 25—
1. (a)
  if the land management conditions of a pastoral lease are not to be varied by the notice under this subsection—extend the term of a pastoral lease; or
2. (b)
  if the land management conditions of a pastoral lease are to be varied by the notice under this subsection—offer to extend the term of a pastoral lease,

by such period as will bring the term to 42 years (measured from the date the most recent assessment was completed).

(4)
An offer to extend the term of a pastoral lease under subsection (3)(b) is subject to the condition that the lessee accepts the lease conditions as varied within 12 months after receiving the offer (and if the lessee does not accept the lease conditions as varied within that period the offer is, by force of this section, withdrawn).
(5)
The Board may refuse to extend the term of a pastoral lease if satisfied—
1. (a)
  there has been a wilful breach of a condition of the lease resulting in, or likely to result in, degradation of the land; or
2. (b)
  the lessee has, without reasonable excuse, failed to discharge a duty imposed by section 7.
(6)
If—
1. (a)
  an offer to extend a pastoral lease has been withdrawn under subsection (4); or
2. (b)
  the Board has refused to extend the term of a pastoral lease under subsection (5),

the Board may (either on an application by the lessee or of its own motion), if satisfied that the grounds for the revocation or refusal no longer exist, extend the term of a pastoral lease by such period as will bring the balance of the term to 42 years (measured from the date the most recent assessment was completed).

(7)
For the purposes of this section, an assessment is taken to have been completed on the day that the Board resolves to issue a notice under subsection (3).

27Exemption from stamp duty

The grant of a pastoral lease or extension of the term of a lease is exempt from stamp duty.

28Dealing with pastoral leases

(1)
Subject to the conditions of the lease, the interest of the lessee under a pastoral lease cannot be transferred, assigned, mortgaged, sublet or otherwise dealt with without the consent of the Minister.
(2)
The Minister must not unreasonably or capriciously refuse or withhold consent under subsection (1).
(3)
Where a lessee transfers or assigns his or her interest under a pastoral lease, all accrued and accruing liabilities pass to the transferee or assignee.
(4)
Any such liabilities that had accrued before the date of the transfer or assignment may be enforced against the transferor or assignor (who will be regarded as jointly and severally liable with the transferee or assignee).
(5)
A pastoral lease can be wholly or partially surrendered with the consent of the Minister (which may be unconditional or subject to conditions) and, subject to subsection (6), the consent of all persons who have a registered interest in or caveat over the lease.
(6)
If it appears to the Minister that a consent has been unreasonably withheld, the Minister may accept the surrender despite the absence of that consent.
(7)
Where the surrender of a pastoral lease is conditional on the granting of an interest in the land to the lessee or any other person, an interest or caveat registered on the lease continues in force and will be endorsed on the new lease or other documents of title, unless the holder of the interest or caveat consents to its discharge.
(8)
Where the surrender of a pastoral lease is not conditional on the granting of an interest in the land to the lessee or any other person, the land reverts to the Crown freed from all encumbrances and claims.

29Agreements to deal with a lease

Where an agreement is entered into under which the parties agree to transfer, assign, mortgage, sublet or otherwise deal with a pastoral lease, the agreement will expire 12 months after its execution unless the consent of the Minister to the transfer, assignment, mortgage, subletting or other dealing has been obtained.

30Consent to certain share transfers in pastoral company

(1)
Where a company—
1. (a)
  is a lessee under a pastoral lease; or
2. (b)
  is a party to an agreement for the transfer, assignment, mortgage or subletting of a pastoral lease to the company,

no change in the ownership of the shares of the company can be effected without the prior consent of the Minister, if the change in ownership would result in a controlling interest in the company being held by some person, or by some other person than the present holder of such an interest.

(2)
Subsection (1) does not apply to a change in ownership of shares effected by a will or other testamentary disposition.

31Alteration of boundaries

(1)
If the Board is satisfied that the boundary of land subject to a pastoral lease does not reflect the land actually occupied by the lessee, the Minister may, by notice in writing to the lessee, alter the boundary accordingly.
(1a)
If—
(a)
part only of the land subject to a pastoral lease (the relevant land) has been resumed in accordance with section 32 for the purposes of a hydrogen generation facility or an associated infrastructure activity; and
(b)
construction of the hydrogen generation facility or an associated infrastructure activity has not, in the opinion of the Minister, been substantially completed within 5 years after the date on which the resumption took effect,
the Minister may, by notice in the Gazette, alter the boundary of the pastoral lease referred to in paragraph (a) so that the relevant land is again included in the lease.
(2)
The Minister may, in a notice under this section, vary the rent payable under the lease to take into account the increase or reduction in value of the lease that results from the alteration of the boundary.
(3)
On registration by the Registrar-General of a boundary alteration pursuant to this section—
(a)
the alteration takes effect; and
(b)
all registered interests or caveats to which the pastoral lease is subject extend over the lease as so altered.

31AVariation of land subject to lease

(1)
The Minister may, by notice in writing to the relevant lessees—
(a)
excise land, or a part of land, subject to a pastoral lease and transfer the land, or the part of land, to another lease; and
(b)
alter the boundaries of the leases accordingly.
(2)
Despite a provision of this Act, the Minister may, in the same notice—

(a)
vary the rent payable under a pastoral lease to take into account the increase or reduction in value of the lease resulting from the alteration of the boundaries; and
(b)
vary the land management conditions of a pastoral lease (including varying a condition relating to the maximum level of stock on the land, or a particular part of the land).
(3)
The Minister may only take action under this section—
(a)
on the recommendation of the Board; and
(b)
at the request or with the consent of the relevant lessees.
(4)
On registration by the Registrar-General of a boundary alteration pursuant to this section—
(a)
the alteration takes effect; and
(b)
all registered interests or caveats to which the pastoral lease is subject extend over the lease as so altered.

32Resumption of land

(1)
The Minister may, by notice in the Gazette, resume any pastoral land.
(2)
Before a notice is published under subsection (1), the Minister must give written notice of intention to resume to the lessee under the pastoral lease affected by the proposal.
(3)
The resumption takes effect—
(a)
if the resumption is for the purposes of a hydrogen generation facility or an associated infrastructure activity—on a day specified in the notice in the Gazette, which must be a day falling at least 2 months after the date on which that notice is given; or
(b)
in any other case—on a day specified in the notice in the Gazette, which must be a day falling at least 6 months after the date on which that notice is given.
(4)
Where the whole of the land subject to a pastoral lease is resumed, the resumption operates to cancel the lease.
(5)
Where part only of the land subject to a pastoral lease is resumed—
(a)
the area of land resumed is excised from the area to which the lease formerly applied; and
(b)
the lease continues to apply to the remainder of that land subject to—
(i)
any variation of its conditions specified in the notice;
(ii)
any variation of its conditions determined by the Tribunal on the application of the lessee (and any such variation may, according to the Tribunal's determination, operate in addition to or in substitution of a variation under subparagraph (i)).
(6)
For the purposes of the South Australian Civil and Administrative Tribunal Act 2013, an application to vary any conditions of a lease under subsection (5)(b)(ii) will be taken to come within the Tribunal's original jurisdiction.

33Abandonment of land

If land subject to a pastoral lease has been abandoned, the Board may cancel the lease.

34Vacation of land

(1)
Where the lessee or former lessee under a pastoral lease vacates the land leaving behind property, the Minister may, by notice in writing, require him or her to remove the property within a stipulated period.
(2)
If the notice is not complied with within the stipulated period, the Minister may remove and dispose of the property.
(3)
Any costs incurred by the Minister under subsection (2) that are not covered by the proceeds (if any) of the sale of the property may be recovered as a debt from the person to whom the notice under subsection (1) was given.
(4)
Any surplus proceeds of the sale of the property must be paid to the lessee or former lessee.

35Penalties for late payment of rent

(1)
The Minister may, by notice in the Gazette—
(a)
fix a scale of penalties to be paid by lessees for late payment of rent or any other amount due under pastoral leases;
(b)
vary or revoke a scale previously fixed under this section.
(2)
Any such penalty will be regarded as an amount that is due and payable under the pastoral lease.
(3)
The Board may, for proper reasons, remit a penalty under this section in whole or part.

36Waiver

The Board may, if it thinks special reason exists for doing so, waive a breach of, or non-compliance with, a condition of a pastoral lease unconditionally or subject to conditions.

37Cancellation of lease or imposition of fine on breach of conditions

(1)
Subject to subsection (2), the Board may—
1. (a)
  impose a fine on the lessee under a pastoral lease of an amount not exceeding $10 000; or
2. (b)
  cancel a pastoral lease,

if satisfied that a breach of a condition of the lease has occurred.

(2)
The Board cannot cancel a pastoral lease unless satisfied—
1. (a)
  that the lessee has been allowed a reasonable opportunity to make good the breach but has failed to do so; or
2. (b)
  that cancellation is necessary in order to prevent, arrest or minimise damage to or deterioration of the land.
(3)
On cancelling a pastoral lease under this section, the Board may—
1. (a)
  order that the lessee or the holder of any registered interest in or caveat over the lease be compensated for loss suffered as a result of the cancellation to such extent as the board thinks fit (but the total amount payable under all such orders must not exceed the market value of the lessee's interest less the costs incurred by the Board in taking action under this section); or
2. (b)
  make such incidental or ancillary orders as it thinks fit.
(4)
On cancellation of a pastoral lease under this section, the land is freed from all encumbrances and claims.
(5)
Fines imposed under this section—
1. (a)
  are payable by the Board into the Consolidated Account; and
2. (b)
  if unpaid, may be recovered by the Board from the lessee as a debt.

38Cancellation of pastoral lease obtained by false statement

The Board may cancel a pastoral lease if satisfied that the lease was obtained under this Act by a false declaration or statement.

39Compensation

(1)
A lessee is entitled to compensation on—
(a)
resumption of pastoral land; or
(b)
expiry of a lease pursuant to a refusal to extend its term under section 25 or 26.
(2)
The amount of the compensation—
(a)
will be determined by agreement between the Minister and the lessee or, in default of agreement, by the Supreme Court; and
(b)
must be based on the market value of the pastoral lease as if the lease were not being resumed or were not expiring but had been duly extended in accordance with this Act.
(3)
If the resumption of pastoral land is for the purposes of a hydrogen generation facility or an associated infrastructure activity, the Minister may recover the amount of the compensation that the Minister is liable to pay under this section from the holder of, or the applicant for, the relevant hydrogen generation licence or associated infrastructure licence (as the case may be).

40Notice of adverse action to be given to holders of registered interests or caveats

(1)
The Board or the Minister (as the case may require) must—
1. (a)
  before resuming any pastoral land; or
2. (b)
  before cancelling a lease pursuant to this Part; or
3. (c)
  on making a decision under this Part not to extend the term of a lease,

give written notice of the action to all persons who have a registered interest in or caveat over the lease.

(2)
Notice of a proposed resumption or cancellation must be given at least 14 days before the proposal is implemented.

Part 5Land management and protection41Property plans

(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—
(a)
to submit to the Board a plan (a property plan) detailing the proposed management of the pastoral land over a specified period; or
(b)
to submit to the Board a revised property plan,
in accordance with the terms of the notice.
(2)
The Board must not, in exercising its powers under subsection (1), act capriciously or vexatiously.
(3)
A property plan must contain such information as the Board may require.
(4)
The Board may—
(a)
approve, by endorsement, a property plan or revised property plan; or
(b)
refer the plan back to the lessee for modification; or
(c)
reject the plan and—
(i)
require, by notice in writing, the lessee to submit a fresh plan; or
(ii)
prepare (or revise, as the case may be) a property plan itself and 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) or (4), the Board may prepare a property plan or revised property plan in respect of the pastoral land and recover the cost of doing so from the lessee as a debt.
(6)
A property plan or revised property plan prepared by the Board pursuant to subsection (4) or (5) will be taken to be an approved property plan for the land to which it relates.
(7)
The Board may, by endorsement, approve a property plan voluntarily submitted to the Board by a lessee.
(8)
An approved property plan may, with the approval of the Board, be varied by the lessee.
(9)
A property plan or revised property plan must be prepared in consultation with the regional landscape board for the region in which the pastoral land to which the plan relates is located.
(9a)
Where a proposed property plan (including a property plan prepared or revised by the Board) includes or will include an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Board must not approve the plan or prepare or revise it 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.
(10)
If a lessee fails, without reasonable excuse—
(a)
to comply with a notice under subsection (1) or (4); or
(b)
to implement an approved property plan,
the failure constitutes a breach of the conditions of the pastoral lease.

42Verification of stock levels

(1)
Subject to subsection (1a), 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.
(1a)
If pastoral land is being used for a purpose other than pastoral purposes (with the approval of the Board in accordance with this Act), the Board may exempt the lessee from the requirement to provide a statutory declaration under this section.
(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.

43Notices 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 106 of the Landscape South Australia Act 2019, 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.

44Reference areas

(1)
The Board may, by notice in the Gazette, declare a specified area of pastoral land to be a reference area for the purposes of evaluating the effect that the grazing of stock has on the land.
(2)
A reference area—
(a)
cannot exceed one square kilometre in size; and
(b)
will, where necessary, be fenced by the Minister.
(3)
A lessee is not obliged to maintain a reference area or its fences, subject to any agreement between the lessee and the Minister to the contrary.
(4)
The lessee of pastoral land on which a reference area is established—
(a)
must not, if the area is fenced, allow any stock within the reference area; and
(b)
must, if the Board so requires, inspect the area and its fences and make reports to the Board in accordance with the directions of the Board.
Maximum penalty: $5 000.
(5)
The Board may, by notice in the Gazette, vary or revoke a notice under this section.
(6)
The lessee of pastoral land on which a reference area is established is not entitled to compensation for any reduction in the value of the lease resulting from the establishment of the reference area, but any such reduction in value will be taken into account when the lease is next revalued for the purposes of rent determination.

Part 6Access to pastoral landDivision 1Public access routes and stock routes

45Establishment of public access routes and stock routes

(1)
A public access route is a route dedicated as a public access route pursuant to this section.
(2)
A stock route is a route—
(a)
delineated as a stock route on a prescribed plan; or
(b)
dedicated as a stock route pursuant to this section.
(3)
The Board may, by notice in the Gazette—
(a)
dedicate delineated routes over pastoral land as public access routes or stock routes, or both; or
(b)
vary or revoke a notice under this section.
(4)
A map in a notice published under this section must also show all public roads that cross the pastoral land, and all stock routes delineated on a prescribed plan that cross the land.
(5)
A notice must not be published under this section unless—
(a)
the proposal to be implemented by the notice has been published in a newspaper circulating generally in the State inviting members of the public to comment on the proposal within a specified period of not less than three months; and
(b)
the Board has considered any such comments; and
(c)
the Board has consulted with—
(i)
all pastoral lessees affected by the proposal; and
(ii)
the regional landscape board for the region within which the public access route or stock route lies; and
(iii)
such organisations as the Board believes have an interest in the matter.
(6)
Subsection (5) does not apply in relation to the temporary closure of a public access route or stock route, or any part of such a route, pursuant to subsection (7).
(7)
On being satisfied, on the application of a lessee, that it is necessary to do so for the purposes of the safety of the public, the management of stock or the carrying out of rehabilitative work on land adjacent to the route, the Board may, by notice in the Gazette, temporarily close a public access route or a stock route, or a part of such a route and, for that purpose, may require the lessee to erect such signs or barriers as the Board thinks fit for the purpose of warning the public of the closure.
(8)
If a public access route or a stock route as delineated on a prescribed plan or on a map published under this section differs from the route as it exists on the ground or as marked out on the ground, the latter prevails.
(9)
On a public access route or stock route being established—
(a)
the lessee's rights under the pastoral lease over the land comprising the route cease; and
(b)
the care, control and management of the route is vested in the Minister,
but the Minister is not thereby obliged to maintain any such route.
(10)
However, the Minister may, if of the opinion that an access route has suffered considerable damage as a result of it being used by members of the public, contribute towards the repair or maintenance of the route.
(11)
A lessee of pastoral land over which a public access route or stock route is established is not obliged and cannot be required to keep stock off the route, and may use the route for the purposes of droving stock.
(12)
The lessee of pastoral land over which a public access route or stock route is established is not entitled to compensation for any reduction in the value of the lease resulting from establishment of the route, but any such reduction in value will be taken into account when the lease is next revalued for the purposes of rent determination.

Division 2Travelling stock46Travelling with stock

(1)
A person may, after giving notice in accordance with the regulations to the lessee of pastoral land, travel with stock across the land.
(2)
Where the predominant purpose of a person exercising the powers conferred by subsection (1) is to obtain feed for the stock from land comprised in the lease, that person is liable to pay compensation to the lessee in accordance with the regulations.
(3)
A person who exercises powers conferred by this section—
(a)
must—
(i)
if there is a stock route across the land—use the stock route;
(ii)
if there is no such stock route—use a route directed by the lessee;
(iii)
in the absence of a stock route and directions from the lessee—use the most direct practicable route; and
(b)
must travel the stock across the land—
(i)
in the case of sheep—not less than 8 kilometres each day;
(ii)
in the case of cattle—not less than 16 kilometres each day; and
(c)
must comply with any conditions imposed by the regulations.
Maximum penalty: $1 250.
(4)
If pastoral land is fenced, the lessee must, for the purpose of facilitating the exercise of rights conferred by this section—
(a)
provide a gate or other means of access at any point at which the fence is intersected by a stock route; and
(b)
provide such other gates or other means of access as are necessary so that the length of fence between points of access does not exceed 16 kilometres.
Maximum penalty: $1 250.

Division 2AIndigenous land use agreements

46AIndigenous land use agreement binding on lessees

(1)
An ILUA that is in force in relation to pastoral land is binding on the current lessee of the land whether or not the lessee was the person with whom the ILUA was made.
(2)
A lessee of pastoral land may enter an ILUA in relation to contiguous pastoral land that is under the lessee's management and control (and the lessee of the contiguous pastoral land will be taken not to be the occupier of that land for the purposes of this Division).
(3)
An ILUA that is in force in relation to pastoral land the subject of subsection (2) is binding on the current occupier of the land whether or not the occupier was the person with whom the ILUA was made.

46BImmunity from liability

(1)
Subject to this section, no civil liability attaches to a party to an ILUA for injury, damage or loss—
(a)
caused by another party to the ILUA; or
(b)
suffered by a person who is unlawfully on pastoral land the subject of the ILUA unless the injury, damage or loss was caused intentionally or through gross negligence.
(2)
Subject to this section, an ILUA may—
(a)
modify the duty of care or standard of care required of a party to an ILUA as against another party to the ILUA; or
(b)
limit the civil liability of a party to an ILUA as against another party to the ILUA.
(3)
To avoid doubt, sections 17C(4) and (6) of the Wrongs Act 1936 do not apply to an occupier of pastoral land the subject of an ILUA.
(4)
Nothing in this section affects the operation of a statutory insurance or compensation scheme.
(5)
For the purposes of this section, a reference to—
(a)
a party to an ILUA includes a reference to—
(i)
in the case of a lessee of pastoral land—
(A)
that lessee, in relation to pastoral land used by the lessee for pastoral purposes that is contiguous to land the subject of the pastoral lease; and
(B)
a family member, employee or invitee (not being a person entering the pastoral land under section 48) of the lessee that is on the pastoral land; and
(ii)
in the case of a native title group—an invitee of an Aboriginal person exercising a right of entry or staying on the pastoral land under the ILUA or section 47(1);
(b)
a reference to pastoral land includes a reference to contiguous land that is located within the perimeter fence line of land the subject of a pastoral lease, but is not the subject of the lease.

46CILUA to be endorsed on lease

(1)
If an ILUA is entered in relation to pastoral land, the Minister must cause a notice of that fact (in a form approved by the Registrar-General) to be lodged with the Registrar-General.
(2)
The Registrar-General must, on receipt of a notice under subsection (1), endorse on the relevant pastoral lease or pastoral leases the fact that an ILUA has been entered in relation to pastoral land the subject of the lease or leases.
(3)
No stamp duty or fee is payable in respect of a notice lodged or action of the Registrar-General pursuant to this section.

Division 3Public access47Rights of Aboriginal persons

(1)
Despite this Act or any pastoral lease granted under this Act or the repealed Act, but subject to this section, an Aboriginal person may enter, travel across or stay on pastoral land for the purpose of following the traditional pursuits of the Aboriginal people.
(2)
Subsection (1) does not give an Aboriginal person a right to camp—
(a)
within a radius of one kilometre of any house, shed or other outbuilding on pastoral land; or
(b)
within a radius of 500 metres of a dam or any other constructed stock watering point.
(3)
An ILUA in force in relation to particular pastoral land may—
(a)
confer a right to enter, travel across or stay on the land in addition to the rights conferred by subsection (1); or
(b)
remove or qualify, or make any other provision in relation to, the rights conferred by subsection (1).

48Right to travel across and camp on pastoral land

(1)
Subject to this Act, a person may travel (by any means) or camp temporarily on a public access route.
(2)
Subject to this Act and to the terms (if any) of an ILUA relating to public access and activities on the land in force in relation to the land, a person may, on giving oral or written notice to the lessee, travel across pastoral land (otherwise than on a public access route) by any means other than a motor vehicle, a horse or a camel and, in the course of so travelling, camp temporarily on the land.
(2a)
A term of an ILUA may only limit a right conferred by subsection (2) to the extent reasonably necessary for the following purposes:
1. (a)
  restricting public access to places identified by the native title group as being places of cultural significance;
2. (b)
  preventing injury, damage or loss to any person that may arise from an activity undertaken under the ILUA or under section 47(1);
3. (c)
  protecting an activity of the native title group on pastoral land the subject of the ILUA.
(3)
Subject to this Act, a person may, with the consent of the lessee or the Minister, travel across pastoral land (otherwise than on a public access route) by means of a motor vehicle, a horse or a camel and, in the course of so travelling, camp temporarily on the land.
(4)
This section does not give a person the right to camp—
1. (a)
  within a radius of one kilometre of any house, shed or other outbuilding on the land; or
2. (b)
  within a radius of 500 metres of a dam or any other constructed stock watering point on the land.
(5)
A person who proposes to travel across or camp on pastoral land in the manner referred to in subsection (3) must first seek the lessee's consent to the proposal and the lessee may refuse that consent if of the opinion that it is necessary to do so for the purposes of the safety of the public, the management of stock or the carrying out of rehabilitative work on the land or for any other good and sufficient reason.
(6)
If the lessee refuses to consent to a proposal under subsection (5), the person may seek the Minister's consent to the proposal.
(7)
The Minister may, without consulting the lessee, consent to the proposal but, if the Minister consents to the proposal without consulting the lessee, the proposal cannot be carried out until the Minister has notified the lessee that consent has been given.
(8)
The Minister incurs no liability by virtue of giving consent to a proposal to travel across or camp on pastoral land.
(8a)
A lessee must not give consent under subsection (5), or the Minister under subsection (7), to a proposal to travel across or camp on pastoral land in a manner referred to in subsection (3) if to do so would be inconsistent with the terms (if any) of an ILUA in force in relation to the land relating to public access and activities on the land.
(9)
For the purposes of this section, camping is temporary if it is for a period not exceeding two weeks or, if some other greater or lesser period is prescribed in respect of a particular area, that period in relation to camping in that area.
(10)
An authorised person may give to a person travelling across or camping on pastoral land the subject of an ILUA such directions as may be reasonably required for the purpose of giving effect to a term of an ILUA relating to one or more of the purposes referred to in subsection (2a).
(11)
A person who, without lawful authority or reasonable excuse, fails to comply with a direction under subsection (10) is guilty of an offence.

Maximum penalty: $1 250.

(12)
In this section—

authorised person means—
(a)
the lessee of pastoral land the subject of the ILUA; or
(b)
the native title group in relation to pastoral land the subject of the ILUA; or
(c)
an employee of the lessee or other person acting on the authority of the lessee.

(13)
In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified pastoral land will be accepted, in the absence of proof to the contrary, as proof of the authorisation.

48APublic register

(1)
The Minister must maintain a public register in relation to this Division.
(2)
The public register must contain—
(a)
details of each pastoral lease the subject of an ILUA; and
(b)
contact details of each lessee of pastoral land the subject of an ILUA; and
(c)
contact details of each native title group who is a party to an ILUA; and
(d)
information relating to the terms (if any) of an ILUA relating to the access of Aboriginal persons onto pastoral land the subject of an ILUA; and
(e)
information relating to the terms (if any) of an ILUA relating to public access onto pastoral land the subject of an ILUA.
(3)
The public register may be kept in the form of a computer record.
(4)
The public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister.
(5)
The Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection.
(6)
The Minister must ensure that the public register can be inspected at a website determined by the Minister.
(7)
For the purposes of subsection (2)(c), a native title group does not include a person who would not, but for the operation of paragraph (c) of the definition of native title group in section 3(1), be included in the definition of native title group.

48BTrespassers on pastoral land the subject of an ILUA

(1)
If—
1. (a)
  a person trespasses on pastoral land the subject of an ILUA; and
2. (b)
  the nature of the trespass is such as to interfere with the enjoyment of the land by the lessee or the native title group; and
3. (c)
  the trespasser is asked by an authorised person to leave the land,

the trespasser is, if he or she fails to leave the land forthwith or again trespasses on the land within 24 hours of being asked to leave, guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.

(2)
A person who trespasses on pastoral land the subject of an ILUA must, if asked to do so by an authorised person, give his or her name and address to the authorised person.

Maximum penalty: $1 250.

(3)
An authorised person, on asking a trespasser to leave pastoral land the subject of an ILUA or to give a name and address, must, if the trespasser so requests, inform the trespasser of—
1. (a)
  the authorised person's name and address; and
2. (b)
  the capacity in which the person is an authorised person under this section.
(4)
In this section—

authorised person means—
(a)
the lessee of pastoral land the subject of the ILUA; or
(b)
the native title group in relation to pastoral land the subject of the ILUA; or
(c)
an employee of the lessee or other person acting on the authority of the lessee; or
(d)
a person acting on the written authority of the native title group;
pastoral land includes a building or structure.

(5)
In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified pastoral land will be accepted, in the absence of proof to the contrary, as proof of the authorisation.
(6)
For the purposes of subsection (4)(d), a native title group does not include a person who would not, but for the operation of paragraph (c) of the definition of native title group in section 3(1), be included in the definition of native title group.

49Public access not to be obstructed

(1)
A person must not, without lawful authority, place any obstruction across a public access route or stock route.
Maximum penalty: $1 250.
(2)
If any pastoral land over which a public access route is established is fenced, the lessee—
(a)
must provide a gate or other means of access at the point of intersection; and
(b)
must keep any such gate unlocked.
Maximum penalty: $1 250.

Part 7ReviewsDivision 1Reviews by Tribunal50Jurisdiction of Tribunal

(1)
A lessee who is dissatisfied with—
(a)
a decision to vary the conditions of a pastoral lease; or
(b)
a decision not to extend the term of a pastoral lease; or
(c)
a decision under section 41 (property plans); or
(d)
a decision under section 45 (establishment of public access routes and stock routes); or
(e)
a refusal of consent to a transfer, assignment, mortgage, subletting or other dealing with a pastoral lease; or
(f)
a decision to cancel a pastoral lease or impose a fine on a lessee for breach of lease conditions,
may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.
(2)
An application for review must be made within 3 months after notification of the decision to the lessee.
(3)
For the purposes of proceedings before the Tribunal under this Part, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with expertise that would be of value to the Tribunal in exercising its jurisdiction under this part.
(4)
In any proceedings under this Part, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (3).

51Operation of certain decisions pending review

(1)
Subject to this section, a decision in relation to which an application for review to the Tribunal may be made continues to operate despite the right to make such an application or the commencement of proceedings for review.
(2)
A decision to cancel a pastoral lease or impose a fine on a lessee for breach of lease conditions cannot be implemented or enforced until the period for commencing proceedings for a review of the decision has elapsed or, if an application has been made to the Tribunal, until the proceedings have been determined or withdrawn.
(3)
The operation of a decision in relation to which an application for review to the Tribunal has been made may, on the application of the lessee, be suspended by the Tribunal in whole or in part pending the determination of the matter.

52Related provisions

(1)
The Tribunal may not allow non‑party intervention in proceedings before the Tribunal under this Division.
(2)
The Tribunal must require the parties to proceedings under this Division to attend a compulsory conference under section 50 of the South Australian Civil and Administrative Tribunal Act 2013.
(3)
Counsel for the parties to proceedings under this Division are not entitled to attend a compulsory conference under subsection (2).

Division 2Review of valuation and review by Tribunal53Valuations – right of review

(1)
A lessee who is dissatisfied with a determination by the Valuer‑General of the annual rent for the lessee's pastoral lease may, within 3 months of receiving a copy of the notice of determination—
(a)
apply to the Valuer‑General for a review of the determination; or
(b)
apply to the Tribunal for a review of the determination.
(2)
The Valuer‑General must, on the written request of a lessee who is dissatisfied with a determination of annual rent, endeavour to resolve the matter informally by conferring with the lessee, whether or not the lessee has lodged an application for review under subsection (1).
(3)
An application under subsection (1)(a) must be made, and will be dealt with, in accordance with the Valuation of Land Act 1971, as if it were an application for review of a valuation under that Act.
(4)
If the lessee or the Valuer‑General is dissatisfied with the decision of a land valuer on a review under subsection (3), the lessee or the Valuer‑General may, within 1 month of receiving notification of the decision, apply to the Tribunal for a review of the decision.
(5)
For the purposes of the South Australian Civil and Administrative Tribunal Act 2013, an application to the Tribunal under this Division will be taken to come within the Tribunal's review jurisdiction but, in the exercise of this jurisdiction, the Tribunal will consider the matter de novo (adopting such processes and procedures, and considering and receiving such evidence or material, as it thinks fit for the purposes of the proceedings).

Part 8Miscellaneous57Misuse of pastoral land

(1)
A person who, without lawful authority or excuse—
(a)
occupies pastoral land; or
(b)
brings animals onto pastoral land or causes or permits animals (for which the person is responsible) to enter or remain on pastoral land; or
(c)
damages or interferes with pastoral land, or anything on pastoral land; or
(d)
cuts down, lops branches from or otherwise damages any living tree or bush on pastoral land; or
(e)
pollutes any water on the land, whether stored or a natural source of water; or
(f)
deposits litter or abandons any goods on pastoral land; or
(g)
erects or places any structure on pastoral land; or
(h)
hunts or shoots on pastoral land,
is guilty of an offence.
Maximum penalty: $10 000.
Expiation fee: $315.
(2)
In proceedings for an offence against subsection (1), the onus of proving lawful authority or excuse lies on the defendant.

58Notice to be given of cattle muster

(1)
Subject to subsection (2), a person must not muster cattle on pastoral land outside the dog fence unless at least 14 but not more than 28 days notice in writing of the proposed muster has been given to the occupiers of adjacent land.
(2)
Subsection (1) does not require notice to be given to a particular occupier of adjacent land if an agreement, approved by the Board, for the giving of some other form or period of notice exists between the person proposing to muster and that occupier.
Maximum penalty: $1 250.

59Right to take water

(1)
A person exercising a right of access to or through pastoral land pursuant to this Act—
(a)
may take water from any natural source or storage point on the land, but only so much as is sufficient for his or her personal or domestic needs; and
(b)
in the case of a person travelling with stock, may permit the stock access to water on the land, subject to compliance with such directions as the lessee may give.
(2)
The holder of a mining tenement over pastoral land may, with the approval of the Board, take reasonable quantities of water from any natural source or storage point on the land for mining, personal or domestic purposes, but not so as to deprive the lessee of the water necessary for all of the lessee's purposes.
(3)
A person who takes water pursuant to subsection (2) is liable to pay compensation to the lessee in accordance with the regulations.
(4)
Subsections (1) and (2) do not entitle a person to take water from a domestic rainwater tank.
(5)
This section is subject to the Landscape South Australia Act 2019.

60Policing powers

(1)
An authorised officer may—
(a)
require any person who is on pastoral land without lawful authority or excuse to leave the land;
(b)
require any person reasonably suspected of having committed an offence in relation to pastoral land to state his or her name and address;
(c)
arrest any person on pastoral land who is reasonably suspected of having committed an offence in relation to pastoral land.
(2)
A person who fails to comply with a requirement under subsection (1) is guilty of an offence.
Maximum penalty: $2 500.
(3)
A person arrested under this section must be taken as soon as practicable to the nearest police station.

61Powers of entry etc

(1)
Subject to this section, an authorised officer, a member of the Board, the Minister or any other person authorised by the Minister for the purpose may, at any reasonable time, exercise any of the following powers in relation to pastoral land:
(a)
enter the land;
(b)
carry out an inspection of the land;
(c)
take samples from the land;
(d)
take photographs;
(e)
carry out work authorised by the Board pursuant to this Act on the land.
(2)
A person cannot exercise powers under subsection (1) unless reasonable notice has been given to the lessee, orally or in writing, but no such notice need be given in the following circumstances:
(a)
where it is not practicable to do so; or
(b)
where the person believes on reasonable grounds that an offence has been, is being or is about to be committed on the land, or that a breach of the conditions of the pastoral lease has occurred or is occurring.
(3)
An authorised officer or person may seize any animals found trespassing on pastoral land.
(4)
Any such animals will be impounded, sold or destroyed in accordance with policies determined by the Minister.
(5)
A person exercising powers under this section may be accompanied by such assistants as are reasonably necessary in the circumstances.
(6)
An authorised officer or other person must at the request of the lessee, or an agent of the lessee, produce for the inspection of that person a certificate or other proof of his or her authority to exercise the powers conferred by this section.

62Act does not derogate from Mining Act, Opal Mining Act or Petroleum and Geothermal Energy Act

Nothing in this Act derogates from the operation of the Mining Act 1971, the Opal Mining Act 1995 or the Petroleum and Geothermal Energy Act 2000 or of a tenement granted under any of those Acts.

63Offence of hindering or obstructing person exercising powers under this Act

(1)
A person who intentionally hinders or obstructs a person acting in the exercise of powers conferred by this Act is guilty of an offence.

Maximum penalty: $2 500.
Expiation fee: $210.

(2)
A person who addresses offensive language to a person acting in the exercise of powers conferred by this Act is guilty of an offence.

Maximum penalty: $2 500.
Expiation fee: $210.

(3)
A person who assaults a person acting in the exercise of powers conferred by this Act is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

65Duty of Registrar-General

(1)
The Registrar-General will—
(a)
issue such pastoral leases; or
(b)
cancel such pastoral leases; or
(c)
make such endorsements on pastoral leases or other instruments,
as may be necessary or expedient for the purposes of the administration of this Act.
(2)
The reference in this section to the issuing of a pastoral lease extends to any process (including an electronic process) under which a pastoral lease is brought into existence.

66Certain debts are charges over leases

Where pursuant to this Act the Board may recover from a lessee the costs incurred by the Board in taking action under this Act, the amount from time to time due and payable by the lessee is a charge over the pastoral lease, ranking in priority before all other charges or mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality).

67Service of notices

A written notice required or authorised by this Act to be given to a person may be given as follows:
(a)
by personal service on the person or an agent of the person;
(b)
by leaving it for the person at his or her place of residence or business with someone apparently over the age of 16 years;
(c)
by serving it by post on the person or an agent of the person;
(d)
if the whereabouts of the person is unknown—by affixing it in a prominent position on the land to which it relates, or publishing a copy of it in a newspaper circulating generally throughout the State.

68Evidentiary provision

In any proceedings—
(a)
a certificate apparently signed by the Minister or the Chief Executive of the Department responsible to the Minister for the administration of this Act that specified land is or is not—
(i)
pastoral land; or
(ii)
a public access route; or
(iii)
a stock route; or
(iv)
a reference area,
will be accepted, in the absence of proof to the contrary, as proof of the matter certified;
(b)
a map or plan apparently signed by or on behalf of the Surveyor-General will be accepted, in the absence of proof to the contrary, as an accurate map or plan of the land to which it relates;
(c)
a certificate of value apparently signed by or on behalf of the Valuer-General will be accepted, in the absence of proof to the contrary, as proof of the value of the pastoral lease to which it relates as at the date of the certificate;
(d)
a certificate as to a delegation apparently signed by a body or person who has a power of delegation under this Act will be accepted, in the absence of proof to the contrary, as proof of the delegation.

69General defence

(2)
In any proceedings for an offence against this Act it is a defence for the defendant to prove that, in the circumstances of the case, there was no failure on his or her part to take reasonable care to avoid commission of the offence.

70Regulations

(1)
The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2)
Without limiting the generality of subsection (1), those regulations may—
(a)
prohibit, regulate or restrict a specified activity or a specified class of activity on pastoral land generally, or on a specified area of pastoral land, or on public access routes or stock routes generally, or on a specified route or specified part of a route;
(b)
fix standard conditions or reservations for pastoral leases;
(c)
prescribe fees and provide for their recovery or waiver by the Minister;
(d)
prescribe fines, not exceeding $1 250, for contravention of the regulations.

Schedule—Transitional provisions

4A 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.

Legislative history

Notes

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Pastoral Land Management and Conservation Act 1989 repealed the following:
Pastoral Act 1936
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
1989
51
Pastoral Land Management and Conservation Act 1989
7.9.1989
7.3.1990 except s 12(2)—(8)—7.3.1996: s 2
1992
71
Statutes Amendment (Expiation of Offences) Act 1992
19.11.1992
Sch—1.3.1993 (Gazette 18.2.1993 p600)
1996
9
Pastoral Land Management and Conservation (Board Membership) Amendment Act 1996
4.4.1996
4.4.1996
1997
35
Statutes Amendment (Water Resources) Act 1997
19.6.1997
Pt 5 (ss 22—24)—2.7.1997 (Gazette 26.6.1997 p3052)
1998
64
Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Act 1998
10.9.1998
10.9.1998
2003
44
Statute Law Revision Act 2003
23.10.2003
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
2004
34
Natural Resources Management Act 2004
5.8.2004
Sch 4 (cll 30—36)—1.7.2005 (Gazette 30.6.2005 p2093)
2004
35
Pastoral Land Management and Conservation (Miscellaneous) Amendment Act 2004
5.8.2004
9.9.2004 (Gazette 9.9.2004 p3610)
2005
20
Statutes Amendment (Environment and Conservation Portfolio) Act 2005
9.6.2005
Pt 6 (ss 29 & 30) & Sch 5—23.6.2005 (Gazette 23.6.2005 p1901)
2006
43
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 61 (s 164)—1.6.2007 (Gazette 26.4.2007 p1352)
2009
84
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 109 (ss 260 & 261)—1.2.2010 (Gazette 28.1.2010 p320)
2012
1
Arkaroola Protection Act 2012
8.3.2012
Sch 1 (cl 5)—26.4.2012 (Gazette 26.4.2012 p1496)
2014
12
Pastoral Land Management and Conservation (Renewable Energy) Amendment Act 2014
23.10.2014
19.9.2015 (Gazette 17.9.2015 p4278)
2015
8
Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015
18.6.2015
Pt 28 (ss 180—183)—1.7.2015 (Gazette 25.6.2015 p3076)
2017
51
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 33 (ss 187 to 191)—4.10.2018 (Gazette 28.6.2018 p2618)
2019
14
Statutes Amendment (SACAT) Act 2019
11.7.2019
Pt 20 (s 129)—9.8.2019 (Gazette 8.8.2019 p2948)
2019
33
Landscape South Australia Act 2019
21.11.2019
Sch 5 (cll 58 to 64)—1.7.2020 (Gazette 25.6.2020 p3502)
2019
45
Supreme Court (Court of Appeal) Amendment Act 2019
19.12.2019
Sch 1 (cll 70 & 71)—1.1.2021 (Gazette 10.12.2020 p5638)
2023
37
Hydrogen and Renewable Energy Act 2023
23.11.2023
Sch 1 (cll 4 to 11)—11.7.2024 (Gazette 11.7.2024 p2114)
2024
9
Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Act 2024
28.3.2024
27.6.2024 (Gazette 27.6.2024 p1894)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended by 64/1998 s 8 (Sch)
10.9.1998
Pt 1
s 2
deleted by 64/1998 s 8 (Sch)
10.9.1998
s 3
s 3(1)
s 3 redesignated as s 3(1) by 35/2004 s 4(4)
9.9.2004
Aborigine
deleted by 35/2004 s 4(1)
9.9.2004
Aboriginal person
inserted by 35/2004 s 4(1)
9.9.2004
associated infrastructure activity and associated infrastructure licence
inserted by 37/2023 Sch 1 cl 4(1)
11.7.2024
authorised officer
amended by 20/2005 Sch 5
23.6.2005
carbon farming
inserted by 9/2024 s 3(1)
27.6.2024
conservation purposes
inserted by 9/2024 s 3(1)
27.6.2024
hydrogen generation facility and hydrogen generation licence
inserted by 37/2023 Sch 1 cl 4(2)
11.7.2024
ILUA
inserted by 35/2004 s 4(2)
9.9.2004
the Minister
deleted by 64/1998 s 8 (Sch)
10.9.1998
native title group
inserted by 35/2004 s 4(3)
9.9.2004
renewable energy infrastructure and renewable energy licence
inserted by 37/2023 Sch 1 cl 4(3)
11.7.2024
pastoral lease
amended by 9/2024 s 3(2)
27.6.2024
solar energy facility
inserted by 12/2014 s 4(1)
19.9.2015
deleted by 37/2023 Sch 1 cl 4(4)
11.7.2024
the Tribunal
deleted by 51/2017 s 187
4.10.2018
Tribunal
inserted by 51/2017 s 187
4.10.2018
unimproved value
inserted by 64/1998 s 2
10.9.1998
wind farm
inserted by 12/2014 s 4(2)
19.9.2015
deleted by 37/2023 Sch 1 cl 4(5)
11.7.2024
wind farm licence
inserted by 12/2014 s 4(2)
19.9.2015
deleted by 37/2023 Sch 1 cl 4(5)
11.7.2024
s 3(2)
inserted by 35/2004 s 4(4)
9.9.2004
s 3(3)
inserted by 9/2024 s 3(3)
27.6.2024
Pt 2
s 4
amended by 35/2004 s 5
9.9.2004
amended by 12/2014 s 5
19.9.2015
amended by 9/2024 s 4
27.6.2024
amended by 37/2023 Sch 1 cl 5
11.7.2024
s 5
amended by 35/2004 s 6
9.9.2004
amended by 34/2004 Sch 4 cl 30
1.7.2005
amended by 33/2019 Sch 5 cl 58
1.7.2020
s 6
deleted by 35/2004 s 7
9.9.2004
s 7
amended by 9/2024 s 5
27.6.2024
s 8
amended by 64/1998 s 8 (Sch)
10.9.1998
note inserted by 9/2024 s 6
27.6.2024
s 9
s 9(2)
amended by 20/2005 s 29
23.6.2005
amended by 12/2014 s 6(1)
19.9.2015
(ab) deleted by 37/2023 Sch 1 cl 6
11.7.2024
s 9(5)
amended by 12/2014 s 6(2)
19.9.2015
s 9(6)
inserted by 12/2014 s 6(3)
19.9.2015
Pt 3
Pt 3 Div 2
s 12
s 12(2)
amended by 9/1996 s 2(a)—(d)
4.4.1996
amended by 64/1998 s 8 (Sch)
10.9.1998
amended by 8/2015 s 180(1)—(3)
1.7.2015
amended by 9/2024 s 7(1)—(4)
27.6.2024
s 12(4) and (5)
amended by 8/2015 s 180(4)
1.7.2015
s 12(6)
amended by 9/1996 s 2(e)
4.4.1996
s 12(7)
amended by 9/1996 s 2(f)
4.4.1996
s 13
s 13(2) and (3)
amended by 8/2015 s 181
1.7.2015
s 14
amended by 8/2015 s 182
1.7.2015
s 15
s 15(2)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 15(4)
substituted by 64/1998 s 3(a)
10.9.1998
s 15(5a)—(5c)
inserted by 64/1998 s 3(b)
10.9.1998
s 16 before substitution by 84/2009
s 16(2)
amended by 43/2006 s 164(1)
1.6.2007
s 16(3)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 16(5)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 16(8)
inserted by 43/2006 s 164(2)
1.6.2007
s 16
substituted by 84/2009 s 260
1.2.2010
s 17
s 17(2)
amended by 20/2005 s 30
23.6.2005
s 18A
inserted by 64/1998 s 4
10.9.1998
Pt 4
s 19
s 19(2)
amended by 9/2024 s 8
27.6.2024
s 20
s 20(1)
s 20 redesignated as s 20(1) by 35/2004 s 8
9.9.2004
amended by 9/2024 s 9
27.6.2024
s 20(2)
inserted by 35/2004 s 8
9.9.2004
s 22
s 22(1)
amended by 64/1998 s 8 (Sch)
10.9.1998
amended by 35/2004 s 9(1), (2)
9.9.2004
amended by 34/2004 Sch 4 cl 31(1)
1.7.2005
(a)(v)(E) and (F) deleted by 34/2004 Sch 4 cl 31(2)
1.7.2005
amended by 20/2005 Sch 5
23.6.2005
amended by 1/2012 Sch 1 cl 5
26.4.2012
amended by 12/2014 s 7(1), (2)
19.9.2015
amended by 33/2019 Sch 5 cl 59
1.7.2020
amended by 37/2023 Sch 1 cl 7(1), (3)
11.7.2024
(a)(vii) deleted by 37/2023 Sch 1 cl 7(2)
11.7.2024
s 22(1a)
inserted by 35/2004 s 9(3)
9.9.2004
s 22(5)
inserted by 35/2004 s 9(4)
9.9.2004
s 22(6)
inserted by 35/2004 s 9(4)
9.9.2004
amended by 9/2024 s 10
27.6.2024
s 22(7)
inserted by 35/2004 s 9(4)
9.9.2004
s 22(8)
inserted by 12/2014 s 7(3)
19.9.2015
deleted by 37/2023 Sch 1 cl 7(4)
11.7.2024
s 23
substituted by 64/1998 s 5
10.9.1998
s 23(2)
amended by 34/2004 Sch 4 cl 32
1.7.2005
amended by 33/2019 Sch 5 cl 60
1.7.2020
s 23(6)
amended by 9/2024 s 11
27.6.2024
s 25
substituted by 35/2004 s 10
9.9.2004
s 25(2)
amended by 9/2024 s 12
27.6.2024
s 25A
inserted by 35/2004 s 10
9.9.2004
s 25A(2)
amended by 8/2015 s 183
1.7.2015
s 25B
inserted by 35/2004 s 10
9.9.2004
s 26
substituted by 35/2004 s 10
9.9.2004
s 28
s 28(6)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 31
s 31(1a)
inserted by 12/2014 s 8(1)
19.9.2015
amended by 37/2023 Sch 1 cl 8
11.7.2024
s 31(2)
amended by 12/2014 s 8(2)
19.9.2015
s 31A
inserted by 35/2004 s 11
9.9.2004
s 32
s 32(3)
substituted by 12/2014 s 9
19.9.2015
amended by 37/2023 Sch 1 cl 9
11.7.2024
s 32(6)
inserted by 51/2017 s 188
4.10.2018
s 37
s 37(5)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 39
s 39(2)
amended by 45/2019 Sch 1 cl 70
1.1.2021
s 39(3)
inserted by 37/2023 Sch 1 cl 10
11.7.2024
Pt 5
s 41
s 41(9)
amended by 34/2004 Sch 4 cl 33(1)
1.7.2005
amended by 33/2019 Sch 5 cl 61(1)
1.7.2020
s 41(9a)
inserted by 35/1997 s 22
2.7.1997
amended by 34/2004 Sch 4 cl 33(2)
1.7.2005
amended by 33/2019 Sch 5 cl 61(2)
1.7.2020
s 42
s 42(1)
substituted by 35/2004 s 12
9.9.2004
amended by 9/2024 s 13(1)
27.6.2024
s 42(1a)
inserted by 9/2024 s 13(2)
27.6.2024
s 43
s 43(2a)
inserted by 35/1997 s 23
2.7.1997
amended by 34/2004 Sch 4 cl 34
1.7.2005
amended by 33/2019 Sch 5 cl 62
1.7.2020
s 44
s 44(4)
amended by 64/1998 s 8 (Sch)
10.9.1998
Pt 6
Pt 6 Div 1
s 45
s 45(5)
amended by 34/2004 Sch 4 cl 35
1.7.2005
amended by 33/2019 Sch 5 cl 63
1.7.2020
s 45(10)
amended by 64/1998 s 8 (Sch)
10.9.1998
Pt 6 Div 2
s 46
s 46(3) and (4)
amended by 64/1998 s 8 (Sch)
10.9.1998
Pt 6 Div 2A
inserted by 35/2004 s 13
9.9.2004
Pt 6 Div 3
s 47
s 47(1)
amended by 64/1998 s 8 (Sch)
10.9.1998
amended by 35/2004 s 14(1)
9.9.2004
s 47(2)
amended by 35/2004 s 14(2)
9.9.2004
s 47(3)
inserted by 35/2004 s 14(3)
9.9.2004
s 48
s 48(2)
amended by 35/2004 s 15(1)
9.9.2004
s 48(2a)
inserted by 35/2004 s 15(2)
9.9.2004
s 48(8a)
inserted by 35/2004 s 15(3)
9.9.2004
s 48(10)—(13)
inserted by 35/2004 s 15(4)
9.9.2004
ss 48A and 48B
inserted by 35/2004 s 16
9.9.2004
s 49
s 49(1) and (2)
amended by 64/1998 s 8 (Sch)
10.9.1998
Pt 6 Div 4
inserted by 12/2014 s 10
19.9.2015
deleted by 37/2023 Sch 1 cl 11
11.7.2024
Pt 7 before substitution by 51/2017
s 52
s 52(2)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 55
s 55(1)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 56
s 56(1)
substituted by 64/1998 s 6(a)
10.9.1998
s 56(1a)
inserted by 64/1998 s 6(a)
10.9.1998
s 56(3)
amended by 64/1998 s 6(b)
10.9.1998
s 56(5)
amended by 64/1998 s 6(c), (d)
10.9.1998
Pt 7
substituted by 51/2017 s 189
4.10.2018
s 50
s 50(3)
amended by 14/2019 s 129
9.8.2019
Pt 8
s 57
s 57(1)
amended by 71/1992 s 3(1) (Sch)
1.3.1993
amended by 64/1998 s 8 (Sch)
10.9.1998
s 58
s 58(2)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 59
s 59(5)
inserted by 35/1997 s 24
2.7.1997
amended by 34/2004 Sch 4 cl 36
1.7.2005
amended by 33/2019 Sch 5 cl 64
1.7.2020
s 60
s 60(2)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 62
amended by 64/1998 s 8 (Sch)
10.9.1998
amended by 20/2005 Sch 5
23.6.2005
s 63
s 63(1) and (2)
amended by 71/1992 s 3(1) (Sch)
1.3.1993
amended by 64/1998 s 8 (Sch)
10.9.1998
s 63(3)
amended by 64/1998 s 8 (Sch)
10.9.1998
s 64
deleted by 84/2009 s 261
1.2.2010
s 68
amended by 64/1998 s 8 (Sch)
10.9.1998
(e) deleted by 51/2017 s 190
4.10.2018
s 69
s 69(1)
deleted by 64/1998 s 8 (Sch)
10.9.1998
s 70
s 70(2)
amended by 64/1998 s 8 (Sch)
10.9.1998
Sch
heading substituted by 44/2003 s 3(1) (Sch 1)
24.11.2003
Sch Divs 1 and 2
deleted by 64/1998 s 8 (Sch)
10.9.1998
Sch Div 3
heading
deleted by 44/2003 s 3(1) (Sch 1)
24.11.2003
cl 3
deleted by 64/1998 s 8 (Sch)
10.9.1998
cl 4
cl 2 redesignated as cl 4 by 64/1998 s 8 (Sch)
10.9.1998
cl 5
cl 4 redesignated as cl 5 by 64/1998 s 8 (Sch)
10.9.1998
cl 5(1)
amended by 64/1998 s 8 (Sch)
10.9.1998
cl 5(3)
amended by 64/1998 ss 7, 8 (Sch)
10.9.1998
cl 6
cl 5 redesignated as cl 6 by 64/1998 s 8 (Sch)
10.9.1998
cl 6(1)
amended by 64/1998 s 8 (Sch)
10.9.1998
cl 6(3)
amended by 64/1998 s 8 (Sch)
10.9.1998
cl 6(4)
amended by 45/2019 Sch 1 cl 71
1.1.2021
Transitional etc provisions associated with Act or amendments
Statutes Amendment (SACAT No 2) Act 2017, Pt 33
191Transitional provisions
(1)
Nothing in this Part affects any proceedings before PLAT or the Land and Valuation Court commenced before the relevant day.
(2)
A right to appeal to PLAT under Part 7 Division 2 of the principal Act in existence before the relevant day (and not exercised before that day) will be exercised as if this Part has been in operation before that right arose, so that the relevant proceedings may be commenced instead before SACAT.
(3)
A right to appeal to the Land and Valuation Court under Part 7 Division 3 of the principal Act in existence before the relevant day (and not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced instead before SACAT.

(4)
The Governor may, when the Governor thinks it is appropriate to do so, by proclamation, dissolve PLAT.
(5)
When a proclamation is made under subsection (4) any member of PLAT, or member of a panel constituted for the purposes of PLAT, holding office at the time of the making of the proclamation will cease to hold office under the principal Act and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(6)
In this section—
PLAT means the Pastoral Land Appeal Tribunal established under the principal Act;
principal Act means the Pastoral Land Management and Conservation Act 1989;
relevant day means the day on which this Part comes into operation;
SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Act 2024, Sch 1—Transitional provisions

1Interpretation

In this Schedule—
principal Act means the Pastoral Land Management and Conservation Act 1989.

2Approvals

A purported approval by the Pastoral Board under the principal Act as in force before the commencement of this Act to use land subject to a pastoral lease for a purpose other than pastoral purposes (being an approval purportedly in force immediately before the commencement of this Act) continues as a valid approval under section 22(6) of the principal Act as in force after the commencement of this Act.

Historical versions

Reprint No 1—1.3.1993
Reprint No 2—4.4.1996
Reprint No 3—2.7.1997
Reprint No 4—10.9.1998
Reprint No 5—24.11.2003
9.9.2004
23.6.2005 (electronic only)
1.7.2005
1.6.2007
1.2.2010
26.4.2012
1.7.2015
19.9.2015
4.10.2018
9.8.2019
1.7.2020
1.1.2021
27.6.2024

Year	No	Title	Assent	Commencement
1989	51	Pastoral Land Management and Conservation Act 1989	7.9.1989	7.3.1990 except s 12(2)—(8)—7.3.1996: s 2
1992	71	Statutes Amendment (Expiation of Offences) Act 1992	19.11.1992	Sch—1.3.1993 (Gazette 18.2.1993 p600)
1996	9	Pastoral Land Management and Conservation (Board Membership) Amendment Act 1996	4.4.1996	4.4.1996
1997	35	Statutes Amendment (Water Resources) Act 1997	19.6.1997	Pt 5 (ss 22—24)—2.7.1997 (Gazette 26.6.1997 p3052)
1998	64	Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Act 1998	10.9.1998	10.9.1998
2003	44	Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
2004	34	Natural Resources Management Act 2004	5.8.2004	Sch 4 (cll 30—36)—1.7.2005 (Gazette 30.6.2005 p2093)
2004	35	Pastoral Land Management and Conservation (Miscellaneous) Amendment Act 2004	5.8.2004	9.9.2004 (Gazette 9.9.2004 p3610)
2005	20	Statutes Amendment (Environment and Conservation Portfolio) Act 2005	9.6.2005	Pt 6 (ss 29 & 30) & Sch 5—23.6.2005 (Gazette 23.6.2005 p1901)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 61 (s 164)—1.6.2007 (Gazette 26.4.2007 p1352)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 109 (ss 260 & 261)—1.2.2010 (Gazette 28.1.2010 p320)
2012	1	Arkaroola Protection Act 2012	8.3.2012	Sch 1 (cl 5)—26.4.2012 (Gazette 26.4.2012 p1496)
2014	12	Pastoral Land Management and Conservation (Renewable Energy) Amendment Act 2014	23.10.2014	19.9.2015 (Gazette 17.9.2015 p4278)
2015	8	Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015	18.6.2015	Pt 28 (ss 180—183)—1.7.2015 (Gazette 25.6.2015 p3076)
2017	51	Statutes Amendment (SACAT No 2) Act 2017	28.11.2017	Pt 33 (ss 187 to 191)—4.10.2018 (Gazette 28.6.2018 p2618)
2019	14	Statutes Amendment (SACAT) Act 2019	11.7.2019	Pt 20 (s 129)—9.8.2019 (Gazette 8.8.2019 p2948)
2019	33	Landscape South Australia Act 2019	21.11.2019	Sch 5 (cll 58 to 64)—1.7.2020 (Gazette 25.6.2020 p3502)
2019	45	Supreme Court (Court of Appeal) Amendment Act 2019	19.12.2019	Sch 1 (cll 70 & 71)—1.1.2021 (Gazette 10.12.2020 p5638)
2023	37	Hydrogen and Renewable Energy Act 2023	23.11.2023	Sch 1 (cll 4 to 11)—11.7.2024 (Gazette 11.7.2024 p2114)
2024	9	Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Act 2024	28.3.2024	27.6.2024 (Gazette 27.6.2024 p1894)

Provision	How varied	Commencement
Long title	amended by 64/1998 s 8 (Sch)	10.9.1998
Pt 1
s 2	deleted by 64/1998 s 8 (Sch)	10.9.1998
s 3
s 3(1)	s 3 redesignated as s 3(1) by 35/2004 s 4(4)	9.9.2004
Aborigine	deleted by 35/2004 s 4(1)	9.9.2004
Aboriginal person	inserted by 35/2004 s 4(1)	9.9.2004
associated infrastructure activity and associated infrastructure licence	inserted by 37/2023 Sch 1 cl 4(1)	11.7.2024
authorised officer	amended by 20/2005 Sch 5	23.6.2005
carbon farming	inserted by 9/2024 s 3(1)	27.6.2024
conservation purposes	inserted by 9/2024 s 3(1)	27.6.2024
hydrogen generation facility and hydrogen generation licence	inserted by 37/2023 Sch 1 cl 4(2)	11.7.2024
ILUA	inserted by 35/2004 s 4(2)	9.9.2004
the Minister	deleted by 64/1998 s 8 (Sch)	10.9.1998
native title group	inserted by 35/2004 s 4(3)	9.9.2004
renewable energy infrastructure and renewable energy licence	inserted by 37/2023 Sch 1 cl 4(3)	11.7.2024
pastoral lease	amended by 9/2024 s 3(2)	27.6.2024
solar energy facility	inserted by 12/2014 s 4(1)	19.9.2015
deleted by 37/2023 Sch 1 cl 4(4)	11.7.2024
the Tribunal	deleted by 51/2017 s 187	4.10.2018
Tribunal	inserted by 51/2017 s 187	4.10.2018
unimproved value	inserted by 64/1998 s 2	10.9.1998
wind farm	inserted by 12/2014 s 4(2)	19.9.2015
deleted by 37/2023 Sch 1 cl 4(5)	11.7.2024
wind farm licence	inserted by 12/2014 s 4(2)	19.9.2015
deleted by 37/2023 Sch 1 cl 4(5)	11.7.2024
s 3(2)	inserted by 35/2004 s 4(4)	9.9.2004
s 3(3)	inserted by 9/2024 s 3(3)	27.6.2024
Pt 2
s 4	amended by 35/2004 s 5	9.9.2004
amended by 12/2014 s 5	19.9.2015
amended by 9/2024 s 4	27.6.2024
amended by 37/2023 Sch 1 cl 5	11.7.2024
s 5	amended by 35/2004 s 6	9.9.2004
amended by 34/2004 Sch 4 cl 30	1.7.2005
amended by 33/2019 Sch 5 cl 58	1.7.2020
s 6	deleted by 35/2004 s 7	9.9.2004
s 7	amended by 9/2024 s 5	27.6.2024
s 8	amended by 64/1998 s 8 (Sch)	10.9.1998
note inserted by 9/2024 s 6	27.6.2024
s 9
s 9(2)	amended by 20/2005 s 29	23.6.2005
amended by 12/2014 s 6(1)	19.9.2015
(ab) deleted by 37/2023 Sch 1 cl 6	11.7.2024
s 9(5)	amended by 12/2014 s 6(2)	19.9.2015
s 9(6)	inserted by 12/2014 s 6(3)	19.9.2015
Pt 3
Pt 3 Div 2
s 12
s 12(2)	amended by 9/1996 s 2(a)—(d)	4.4.1996
amended by 64/1998 s 8 (Sch)	10.9.1998
amended by 8/2015 s 180(1)—(3)	1.7.2015
amended by 9/2024 s 7(1)—(4)	27.6.2024
s 12(4) and (5)	amended by 8/2015 s 180(4)	1.7.2015
s 12(6)	amended by 9/1996 s 2(e)	4.4.1996
s 12(7)	amended by 9/1996 s 2(f)	4.4.1996
s 13
s 13(2) and (3)	amended by 8/2015 s 181	1.7.2015
s 14	amended by 8/2015 s 182	1.7.2015
s 15
s 15(2)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 15(4)	substituted by 64/1998 s 3(a)	10.9.1998
s 15(5a)—(5c)	inserted by 64/1998 s 3(b)	10.9.1998
s 16 before substitution by 84/2009
s 16(2)	amended by 43/2006 s 164(1)	1.6.2007
s 16(3)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 16(5)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 16(8)	inserted by 43/2006 s 164(2)	1.6.2007
s 16	substituted by 84/2009 s 260	1.2.2010
s 17
s 17(2)	amended by 20/2005 s 30	23.6.2005
s 18A	inserted by 64/1998 s 4	10.9.1998
Pt 4
s 19
s 19(2)	amended by 9/2024 s 8	27.6.2024
s 20
s 20(1)	s 20 redesignated as s 20(1) by 35/2004 s 8	9.9.2004
amended by 9/2024 s 9	27.6.2024
s 20(2)	inserted by 35/2004 s 8	9.9.2004
s 22
s 22(1)	amended by 64/1998 s 8 (Sch)	10.9.1998
amended by 35/2004 s 9(1), (2)	9.9.2004
amended by 34/2004 Sch 4 cl 31(1)	1.7.2005
(a)(v)(E) and (F) deleted by 34/2004 Sch 4 cl 31(2)	1.7.2005
amended by 20/2005 Sch 5	23.6.2005
amended by 1/2012 Sch 1 cl 5	26.4.2012
amended by 12/2014 s 7(1), (2)	19.9.2015
amended by 33/2019 Sch 5 cl 59	1.7.2020
amended by 37/2023 Sch 1 cl 7(1), (3)	11.7.2024
(a)(vii) deleted by 37/2023 Sch 1 cl 7(2)	11.7.2024
s 22(1a)	inserted by 35/2004 s 9(3)	9.9.2004
s 22(5)	inserted by 35/2004 s 9(4)	9.9.2004
s 22(6)	inserted by 35/2004 s 9(4)	9.9.2004
amended by 9/2024 s 10	27.6.2024
s 22(7)	inserted by 35/2004 s 9(4)	9.9.2004
s 22(8)	inserted by 12/2014 s 7(3)	19.9.2015
deleted by 37/2023 Sch 1 cl 7(4)	11.7.2024
s 23	substituted by 64/1998 s 5	10.9.1998
s 23(2)	amended by 34/2004 Sch 4 cl 32	1.7.2005
amended by 33/2019 Sch 5 cl 60	1.7.2020
s 23(6)	amended by 9/2024 s 11	27.6.2024
s 25	substituted by 35/2004 s 10	9.9.2004
s 25(2)	amended by 9/2024 s 12	27.6.2024
s 25A	inserted by 35/2004 s 10	9.9.2004
s 25A(2)	amended by 8/2015 s 183	1.7.2015
s 25B	inserted by 35/2004 s 10	9.9.2004
s 26	substituted by 35/2004 s 10	9.9.2004
s 28
s 28(6)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 31
s 31(1a)	inserted by 12/2014 s 8(1)	19.9.2015
amended by 37/2023 Sch 1 cl 8	11.7.2024
s 31(2)	amended by 12/2014 s 8(2)	19.9.2015
s 31A	inserted by 35/2004 s 11	9.9.2004
s 32
s 32(3)	substituted by 12/2014 s 9	19.9.2015
amended by 37/2023 Sch 1 cl 9	11.7.2024
s 32(6)	inserted by 51/2017 s 188	4.10.2018
s 37
s 37(5)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 39
s 39(2)	amended by 45/2019 Sch 1 cl 70	1.1.2021
s 39(3)	inserted by 37/2023 Sch 1 cl 10	11.7.2024
Pt 5
s 41
s 41(9)	amended by 34/2004 Sch 4 cl 33(1)	1.7.2005
amended by 33/2019 Sch 5 cl 61(1)	1.7.2020
s 41(9a)	inserted by 35/1997 s 22	2.7.1997
amended by 34/2004 Sch 4 cl 33(2)	1.7.2005
amended by 33/2019 Sch 5 cl 61(2)	1.7.2020
s 42
s 42(1)	substituted by 35/2004 s 12	9.9.2004
amended by 9/2024 s 13(1)	27.6.2024
s 42(1a)	inserted by 9/2024 s 13(2)	27.6.2024
s 43
s 43(2a)	inserted by 35/1997 s 23	2.7.1997
amended by 34/2004 Sch 4 cl 34	1.7.2005
amended by 33/2019 Sch 5 cl 62	1.7.2020
s 44
s 44(4)	amended by 64/1998 s 8 (Sch)	10.9.1998
Pt 6
Pt 6 Div 1
s 45
s 45(5)	amended by 34/2004 Sch 4 cl 35	1.7.2005
amended by 33/2019 Sch 5 cl 63	1.7.2020
s 45(10)	amended by 64/1998 s 8 (Sch)	10.9.1998
Pt 6 Div 2
s 46
s 46(3) and (4)	amended by 64/1998 s 8 (Sch)	10.9.1998
Pt 6 Div 2A	inserted by 35/2004 s 13	9.9.2004
Pt 6 Div 3
s 47
s 47(1)	amended by 64/1998 s 8 (Sch)	10.9.1998
amended by 35/2004 s 14(1)	9.9.2004
s 47(2)	amended by 35/2004 s 14(2)	9.9.2004
s 47(3)	inserted by 35/2004 s 14(3)	9.9.2004
s 48
s 48(2)	amended by 35/2004 s 15(1)	9.9.2004
s 48(2a)	inserted by 35/2004 s 15(2)	9.9.2004
s 48(8a)	inserted by 35/2004 s 15(3)	9.9.2004
s 48(10)—(13)	inserted by 35/2004 s 15(4)	9.9.2004
ss 48A and 48B	inserted by 35/2004 s 16	9.9.2004
s 49
s 49(1) and (2)	amended by 64/1998 s 8 (Sch)	10.9.1998
Pt 6 Div 4	inserted by 12/2014 s 10	19.9.2015
deleted by 37/2023 Sch 1 cl 11	11.7.2024
Pt 7 before substitution by 51/2017
s 52
s 52(2)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 55
s 55(1)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 56
s 56(1)	substituted by 64/1998 s 6(a)	10.9.1998
s 56(1a)	inserted by 64/1998 s 6(a)	10.9.1998
s 56(3)	amended by 64/1998 s 6(b)	10.9.1998
s 56(5)	amended by 64/1998 s 6(c), (d)	10.9.1998
Pt 7	substituted by 51/2017 s 189	4.10.2018
s 50
s 50(3)	amended by 14/2019 s 129	9.8.2019
Pt 8
s 57
s 57(1)	amended by 71/1992 s 3(1) (Sch)	1.3.1993
amended by 64/1998 s 8 (Sch)	10.9.1998
s 58
s 58(2)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 59
s 59(5)	inserted by 35/1997 s 24	2.7.1997
amended by 34/2004 Sch 4 cl 36	1.7.2005
amended by 33/2019 Sch 5 cl 64	1.7.2020
s 60
s 60(2)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 62	amended by 64/1998 s 8 (Sch)	10.9.1998
amended by 20/2005 Sch 5	23.6.2005
s 63
s 63(1) and (2)	amended by 71/1992 s 3(1) (Sch)	1.3.1993
amended by 64/1998 s 8 (Sch)	10.9.1998
s 63(3)	amended by 64/1998 s 8 (Sch)	10.9.1998
s 64	deleted by 84/2009 s 261	1.2.2010
s 68	amended by 64/1998 s 8 (Sch)	10.9.1998
(e) deleted by 51/2017 s 190	4.10.2018
s 69
s 69(1)	deleted by 64/1998 s 8 (Sch)	10.9.1998
s 70
s 70(2)	amended by 64/1998 s 8 (Sch)	10.9.1998
Sch	heading substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Sch Divs 1 and 2	deleted by 64/1998 s 8 (Sch)	10.9.1998
Sch Div 3
heading	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 3	deleted by 64/1998 s 8 (Sch)	10.9.1998
cl 4	cl 2 redesignated as cl 4 by 64/1998 s 8 (Sch)	10.9.1998
cl 5	cl 4 redesignated as cl 5 by 64/1998 s 8 (Sch)	10.9.1998
cl 5(1)	amended by 64/1998 s 8 (Sch)	10.9.1998
cl 5(3)	amended by 64/1998 ss 7, 8 (Sch)	10.9.1998
cl 6	cl 5 redesignated as cl 6 by 64/1998 s 8 (Sch)	10.9.1998
cl 6(1)	amended by 64/1998 s 8 (Sch)	10.9.1998
cl 6(3)	amended by 64/1998 s 8 (Sch)	10.9.1998
cl 6(4)	amended by 45/2019 Sch 1 cl 71	1.1.2021