Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"Aboriginal person "means a person who is a member of the Aboriginal race of Australia.
"animal equivalent", see section 3A(2).
"applicant", for Part 4, Division 1, see section 35(5).
"approved" means approved by the Minister.
"Board" means the Pastoral Land Board established by section 11 or, in relation to a power or function delegated under section 24 to a member or members of the Board, that member or those members.
"Chairperson", in relation to the Board, means the Chairperson appointed under section 16 and includes a person appointed under section 19(1) to act as the Chairperson while the person is so acting.
"clear", in relation to land, see section 91A.
"clearing period" means:
(a) the period determined by the Board under section 91J(1) ; or
(b) if no period is determined by the Board under section 91J(1) – the period specified in section 91J(3).
"clearing permit", see section 91F(1).
"condition", in relation to a pastoral lease, includes a covenant and a term and, in relation to land, means the state of the land.
"Crown land" means all lands of the Territory, including the bed of the sea within territorial limits, but does not include reserved or dedicated land.
"degradation", in relation to land, means a decline in the condition of the natural resources of the land, including the capacity of the land to sustain pastoral productivity, resulting directly or indirectly from human activities on or affecting the land.
"District" means a pastoral district into which the Territory is divided under section 8.
"estimated carrying capacity", see section 3A(1).
"feral animal" means an animal of a kind introduced into Australia since 1787 that is living in a wild state.
"homestead", in relation to land the subject of a pastoral lease, means a building or group of buildings and other facilities of a substantial nature built for residential, administrative and management purposes and used for those purposes in connection with the legitimate pastoral use of the land.
"improved pasture", in relation to pastoral land, means a variety of plant not native to the District in which the pastoral land is situated that is sown and cultivated for consumption by grazing animals or for soil conservation or improvement purposes.
"improvements" has the same meaning as it has in the Valuation of Land Act 1963 .
"interested person", for Part 4, Division 1, see section 35(5A).
"lease transaction", for Part 4, see section 30B(1).
"lessee" includes:
(a) the person to whom a lease passes, whether by transfer or devolution;
(b) a person permitted, in pursuance of an arrangement under section 50, to hold over land that was the subject of a former pastoral lease after the expiration of the term of the lease;
(c) a mortgagee in possession; and
(d) where applicable, a sublessee or other person in control of the relevant land.
"monitoring site" means a monitoring site established under section 75.
"native vegetation", see section 91B.
"non-pastoral purpose", see section 85A(1).
"non-pastoral use permit" means a permit granted by the Board under section 85A(1).
"NTA" means the Native Title Act 1993 (Cth).
"pastoral land" means land the subject of a pastoral lease.
"pastoral lease" means a lease granted over Crown land for pastoral purposes and includes a pastoral homestead lease and land which, in pursuance of an arrangement under section 50, is held over by the former lessee after the expiration of the term of a pastoral lease.
"pastoral lessee" means a lessee under a pastoral lease.
"pastoral purposes" means the pasturing of stock for sustainable commercial use of the land on which they are pastured or agricultural or other non- dominant uses essential to, carried out in conjunction with, or inseparable from, the pastoral enterprise, including the production of agricultural products for use in stock feeding and pastoral based tourist activities such as farm holidays, but does not include a use which, under section 91, is declared by the Board not to be a use for pastoral purposes.
"reference area" means an area of pastoral land declared under section 74(1) to be a reference area.
registered native title body corporate has the meaning given in section 253 of the NTA.
registered native title claimant has the meaning given in section 253 of the NTA or, if the claimant is replaced under section 66B of the NTA, means the person who replaced the claimant.
registered native title rights and interests means:
(a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims, established and maintained in accordance with Part 7 of the NTA; and
(b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the NTA.
"rehabilitate", in relation to land, means to bring the land back as near as practicable to the condition it was in before its degradation, having particular regard to its capacity to carry stock and its level of soil stability and:
(a) if there is a remedial plan in force under section 76 in respect of the land – the action required to comply with the remedial plan; or
(b) if there is a rehabilitation plan in force under section 91V in respect of the land – the action required to comply with the rehabilitation plan.
"rehabilitation direction", see section 91V(1).
"rehabilitation plan" means the plan:
(a) prepared by the Board under section 91V(2)(b); or
(b) approved by the Board under section 91V(3)(a).
"remedial plan" means a plan prepared by a pastoral lessee at the direction of the Board (or under section 76(5) by the Board) that details the proposed management of pastoral land over a specified period (or the time taken to rectify a problem) to prevent, arrest or minimise degradation of the pastoral land or to rehabilitate the land.
"rent" means annual rental.
"stock" means a species of animal permitted by or under this Act or the terms of a pastoral lease to be pastured on pastoral land as part of the pastoral enterprise under the lease.
"stop work direction" means a direction given to a person under section 91T(1).
"sublease", for Part 4, see section 30A.
"sublessee", for Part 4, see section 30A.
"Surveyor-General" means the person appointed or acting as the Surveyor-General for the Northern Territory under the Licensed Surveyors Act 1983 .
"Tribunal", for Part 8, see section 92(1).
"unimproved value" means unimproved capital value within the meaning of the Valuation of Land Act 1963 .
"Valuer-General" means the person appointed as the Valuer-General for the Northern Territory under the Valuation of Land Act 1963 .
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) In this Act, a reference to a lease as:
(a) granted in perpetuity, means that the term of the lease continues indefinitely; and
(b) perpetual, means that the lease is granted in perpetuity.