Northern Territory Consolidated Acts

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PASTORAL LAND ACT 1992 - SECT 76

Remedial plans

    (1)     If the Board is of the opinion that pastoral land has been degraded or otherwise damaged, or is likely to suffer degradation or other damage, and that in order to prevent, arrest or minimise degradation of or other damage to the land, or to rehabilitate the land, it is necessary that action under this section be taken, it may, by notice in writing to the pastoral lessee, require the lessee to submit to the Board:

        (a)     a remedial plan detailing the proposed management of the pastoral land over a specified period; or

        (b)     a revised remedial plan,

in accordance with the notice.

    (2)     A remedial plan shall contain such information as the Board requires.

    (3)     The Board may:

        (a)     approve, by endorsement, a remedial plan or revised remedial plan;

        (b)     refer the plan back to the lessee for modification; or

        (c)     reject the plan and:

            (i)     by notice in writing, require the lessee to submit a fresh plan; or

            (ii)     itself prepare (or revise, as the case may be) a remedial plan.

    (4)     Where the Board prepares or revises a remedial plan in pursuance of subsection (3)(c)(ii), the cost of it so doing is a debt due and payable by the lessee to the Territory.

    (5)     If a lessee fails to comply with a notice under subsection (1) or (3), the Board may prepare a remedial plan or revised remedial plan in respect of the pastoral land and the cost of it so doing is a debt due and payable by the lessee to the Territory.

    (6)     A remedial plan or revised remedial plan prepared by the Board in pursuance of subsection (3)(c)(ii) or (5) shall be taken to be an approved remedial plan for the pastoral land to which it relates.

    (7)     The Board may, by endorsement, approve a remedial plan voluntarily submitted to it by a lessee.

    (8)     An approved remedial plan may, with the approval of the Board, be varied by the lessee.

    (9)     If a lessee fails, without reasonable excuse:

        (a)     to comply with a notice under subsection (1) or (3); or

        (b)     to implement an approved remedial plan,

the failure constitutes a breach of the conditions of the pastoral lease.

    (10)     The Board shall cause a copy of each approved remedial plan, and each such plan as varied under subsection (8), to be lodged with the Registrar-General.

    (11)     Each approved remedial plan lodged with the Registrar-General shall be registered on the title records kept by the Registrar-General.

    (12)     A remedial plan registered as referred to in subsection (11) is binding on a mortgagee in possession of, and on successors in title to, the land.



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