Northern Territory Numbered Acts

PASTORAL LAND LEGISLATION AMENDMENT ACT 2018 (NO 20 OF 2018) - SECT 12

Sections 54 and 55

repeal, insert

54     Determination of estimated carrying capacity

    (1)     The Agency must determine the estimated carrying capacity of all pastoral land that is the subject of a pastoral lease.

    (2)     For subsection (1), the determination must be made based on the unimproved native pasture on the land and ignoring any improved pasture on the land.

    (3)     The Agency must, as soon as practicable after making a determination of estimated carrying capacity, provide written notice of the determination to the lessee of the pastoral land.

54A     Review of estimated carrying capacity

    (1)     The Agency may review the estimated carrying capacity of pastoral land at any time.

    (2)     A pastoral lessee may apply to the Agency to request a review of the estimated carrying capacity of the pastoral lessee's pastoral land at any time.

    (3)     As soon as practicable after receiving an application under subsection (2), the Agency must:

    (a)     review the determination of estimated carrying capacity; or

    (b)     refuse to review the determination.

    (4)     If, after a review, the Agency considers the existing determination is no longer accurate, the Agency must make a new determination under section 54.

    (5)     If the Agency refuses to conduct a review, the Agency must provide written notice of the refusal and the reasons for the refusal to the pastoral lessee.

55     Rent

    (1)     Despite anything in a pastoral lease document, the rent payable for a financial year in respect of a pastoral lease is to be calculated using the formula:

PLR = ECC x PLRF

where:

PLR = the annual pastoral lease rent in dollars

ECC = the estimated carrying capacity expressed in animal equivalents as determined by the Agency under section 54

PLRF = the pastoral lease rent factor declared under subsection (2) or (3)

    (2)     The Minister may, before 30 June in a financial year, by Gazette notice, declare the pastoral lease rent factor for a District for the following financial year.

    (3)     If the Minister does not declare the pastoral lease rent factor for a District under subsection (2) before 30 June in a financial year, the pastoral lease rent factor for the following financial year remains unchanged.