Northern Territory Consolidated Acts

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PASTORAL LAND ACT 1992 - SECT 106

Meetings of Tribunal and procedure

    (1)     In its consideration of an application or reference under this or any other Act, the Tribunal (except as provided in subsection (7) or section 107, or in such exceptional circumstances as the Chairperson allows) shall not consider any matter other than that contained in written submissions or material before it.

    (1A)     A meeting of the Tribunal to consider an application or reference referred to in subsection (1) shall comprise:

        (a)     at the discretion of the Chairperson, the Chairperson or Deputy Chairperson; and

        (b)     the relevant members appointed under section 93(2)(b).

    (1B)     Nothing in this Act prevents:

        (a)     the Tribunal from conducting at the same time 2 meetings, one presided over by the Chairperson and the other by the Deputy Chairperson, to consider separate applications or references; or

        (b)     the Deputy Chairperson performing a function of the Chairperson, as directed, in relation to an application at any time before, during or after a meeting of the Tribunal to consider the application (and the Chairperson may give such a direction).

    (1C)     Where the Chairperson is absent or, for any reason, the Chairperson is unable to perform his or her functions under this Part or there is a vacancy in the office of Chairperson, the Deputy Chairperson has all the powers and may perform all the functions of the Chairperson.

    (2)     The convening of meetings of the Tribunal and the procedures at those meetings are, subject to this Act, in the discretion of the Chairperson.

    (3)     A person who has been advised pursuant to section 104(4) that an application has been referred to the Tribunal may make written submissions to the Tribunal in relation to the application.

    (4)     The Tribunal may, by notice in writing, require a party to an application referred to it to furnish to the Tribunal such information (including the answers, in writing, to questions put by the Tribunal) or material as is specified in the notice, within the time specified in the notice.

    (5)     The Tribunal may request a person having relevant knowledge, experience or expertise to supply, on such terms as agreed, such information or material as the Tribunal thinks will assist it in considering the application or reference before it.

    (6)     If the Tribunal receives submissions, information, or material pursuant to subsection (3) or, as the case may be, subsections (4) or (5), it shall supply a copy to:

        (a)     where the submissions, information or material was received from a party to the application – the other party to the application; and

        (b)     where the submissions, information or material was received from a person who was not a party – the parties to the application,

and the party or those parties may, within 28 days after receiving the copy, make submissions in writing to the Tribunal in relation to the submissions, information or material.

    (7)     For the purposes only of assisting the Tribunal in its consideration of an application, the Chairperson may order a view of the land the subject of the pastoral lease to which the application relates and the Tribunal may, in the course of the view, take oral evidence in explanation of the subject of the view, provided it is relevant to a matter referred to in section 109(1)(a) or (b).

    (8)     Notwithstanding any law in force in the Territory, after reasonable notice in writing has been given to the lessee of the pastoral lease the land the subject of which a view has been ordered under subsection (7), the Tribunal and such other persons as are specified in the notice may enter on and remain on the pastoral land, together with such vehicles and equipment as are necessary, and view the land.



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