Northern Territory Consolidated Acts

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PASTORAL LAND ACT 1992 - SECT 89C

Variation of non-pastoral use permit – on application by pastoral lessee

    (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.



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