Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 109

109 .         No clearing of leased land unless permitted

        (1)         A pastoral lessee must not remove trees or otherwise clear land under the lease or disturb or affect its soil except —

            (a)         as permitted under the lease; or

            (b)         as necessary for the construction of improvements permitted under the lease; or

            (c)         in accordance with a permit issued under Division 5.

        Penalty for this subsection: a fine of $20 000.

        (2)         A pastoral lessee who contravenes subsection (1) must restore the land and vegetation to the satisfaction of the Board.

        (3)         If a pastoral lessee fails to satisfy the Board under subsection (2), the Board may, whether or not the lease has been forfeited, take such steps as are necessary to restore the land and vegetation.

        (4)         The costs of any action by the Board under subsection (3) are recoverable by the Minister from the lessee, or former lessee if the lease has been forfeited, in a court of competent jurisdiction as a debt due to the Crown.

        [Section 109 amended: No. 4 of 2023 s. 91.]