❓ This Question on Notice explores the State Government's liability for environmental damage resulting from non-compliance with pastoral lease conditions, highlighting potential financial and legal ramifications. The answer acknowledges the State's responsibility upon lease forfeiture and the possibility of suing the lessee for damages.
AnsweredQoN 366Legislative Council
QuestionView source ↗
With regard to conditions on pastoral leases -
If the conditions on pastoral leases relating to land management are not complied with, is the State Government liable for the environmental damage that results from the resultant land degradation?
If the conditions on pastoral leases relating to land management are not complied with, is the State Government liable for the environmental damage that results from the resultant land degradation?
AnswerView source ↗
Answered
4 March 2003
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
75 days
The Department of Agriculture, on behalf of the Pastoral Lands Board, undertakes inspections of pastoral leases to monitor this requirement. Non-compliance may result in the issue of a default notice. Failure to comply with a default notice may result in a fine of up to $50,000 and/or forfeiture of the lease. If the lessee has caused environmental damage and the lease is forfeited the State would be responsible for the damage. Legal advise indicates that, although the issue has not been tested in court and there is some legal uncertainty, in appropriate circumstances the State could sue the lessee for damages for breach of lease.
Non-compliance may result in the issue of a default notice. Failure to comply with a default notice may result in a fine of up to $50,000 and/or forfeiture of the lease. If the lessee has caused environmental damage and the lease is forfeited the State would be responsible for the damage. Legal advise indicates that, although the issue has not been tested in court and there is some legal uncertainty, in appropriate circumstances the State could sue the lessee for damages for breach of lease.
Non-compliance may result in the issue of a default notice. Failure to comply with a default notice may result in a fine of up to $50,000 and/or forfeiture of the lease. If the lessee has caused environmental damage and the lease is forfeited the State would be responsible for the damage. Legal advise indicates that, although the issue has not been tested in court and there is some legal uncertainty, in appropriate circumstances the State could sue the lessee for damages for breach of lease.
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