(1) A pastoral lessee in relation to whose pastoral land a non-pastoral use permit is in force may apply to the Board for a specified variation of the permit.
(2) The application must be made in the approved form before the non-pastoral use permit is due to expire.
(3) In considering the application, the Board must have regard to:
(a) the conduct of the applicant in relation to the operation of the non-pastoral use permit (including the extent to which the applicant has complied with the conditions of the permit); and
(b) the likely impact on the environment if the variation were made; and
(c) whether the variation may result in:
(i) a use for a non-pastoral purpose becoming the dominant use of the pastoral land; or
(ii) Part 2, Division 3, subdivision G of the NTA applying in relation to the variation; and
(d) any other matter prescribed by regulation.
(4) The Board must, by written notice to the applicant, decide the application by:
(a) varying the non-pastoral use permit as specified in the application; or
(b) varying the non-pastoral use permit as specified in the application, but with specified changes made by the Board; or
(c) refusing the application.
(5) If the Board varies the non-pastoral use permit , the Board must lodge with the Registrar-General the required number of copies of the written notice of variation for registration.
(6) On registration by the Registrar-General of the written notice of variation, the non-pastoral use permit is varied as specified in the notice.
(7) If the Board has not decided the application before the non-pastoral use permit expires or otherwise ceases to have effect, the Board is taken to have refused the application.
(8) A non-pastoral use permit may be varied more than once under this section.
(9) In this section:
"variation", of a non-pastoral use permit:
(a) includes a variation of the conditions of the permit; but
(b) does not include an extension of the term of the permit.