If you hold a pastoral lease in the Northern Territory
you will soon be able to apply for a permit to use all or part of
the land held under a pastoral lease for non-pastoral
On 17 October 2013, the Northern Territory Legislative Assembly
passed amendments to the Pastoral Land Act (NT) (Act) to allow
pastoralists to diversify pastoral land use and develop new income
The amendments have not yet commenced, but when they come into
force, holders of pastoral leases will be able to make applications
for a permit to use all or part of the land held under a pastoral
lease for non-pastoral purposes. The permits:
will be granted for up to 30 years;
will be registered against the pastoral lease which will allow
the transfer of permits if properties are sold; and
are intended to allow pastoralists to develop new income streams
in non-pastoral operations, including in tourism, conservation,
agriculture and forestry.
This is a significant change to the current system under the Act
which allows the Pastoral Land Board to issue permits for
non-pastoral purposes for a maximum period of five years that are
personal to the lessee. The amendments should provide pastoralists
with greater certainty and confidence to explore and invest in
longer term non-pastoral opportunities, and is also likely to
result in an increase in activity in the sale and purchase of NT
In assessing an application for a permit, the Pastoral Land
Board will take into account a number of factors, including
ensuring that applications are compliant with the Native Title Act,
current government policy and the likely impact of the non-pastoral
use on the environment and the pastoral activities carried out on
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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The Supreme Court at first instance had determined that an adjudication determination could be remitted to the adjudicator for re-determination for non-jurisdictional error.
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