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Pastoral leases are leases over Crown land granted for pastoral purposes. Section 93 of the Land Administration Act 1997 (LAA) defines "pastoral purposes" as meaning for the purposes of:

(a)   The commercial grazing of authorised stock; and

(b)   Agricultural, horticultural or other supplementary uses of land inseparable from, essential to, or normally carried out in conjunction with the grazing of authorised stock, including the production of stock fee; and

(c)   Activities ancillary to the activities mentioned in paragraphs (a) and (b).

The following guide has been developed to aid pastoralists wishing to carry out particular activities on a pastoral lease and to assist in determining what permissions may be required under the LAA or whether another form of tenure may be required.

 

Pastoral Activities

Pastoral leases are leases over Crown land granted for pastoral purposes. Section 93 of the Land Administration Act 1997 (LAA) defines "pastoral purposes" as meaning for the purposes of:

  1. The commercial grazing of authorised stock; and
  2. Agricultural, horticultural or other supplementary uses of land inseparable from, essential to, or normally carried out in conjunction with the grazing of authorised stock, including the production of stock fee; and
  3. Activities ancillary to the activities mentioned in paragraphs (a) and (b).

    This guide has been developed to aid pastoralists wishing to carry out particular activities on a pastoral lease and to assist in determining what permissions may be required under the Land Administration Act 1997 (LAA) or whether another form of tenure may be required.

This framework is intended to provide guidance only. It is not an exhaustive list of activities and there will always be activities that fall into 'grey' areas or are not included on the list.

Proposed activities need to comply with any applicable statutory requirements and approval processes – for example, local government, planning, land clearing. It is the responsibility of the pastoral lessee to ensure that all relevant approvals are granted prior to undertaking any activity on Crown land.

Pastoral lessees should also note that requirements under the Native Title Act 1993 are likely to apply to the grant of permits, licences and leases under the LAA. In some cases, particularly in relation to activities requiring a general lease to be excised from the pastoral lease, the proponent may be required to negotiate an Indigenous Land Use Agreement with the native title claimants or holders. The department is in most cases also required to consult with, and obtain approval from, the Department of Mines and Petroleum in relation to the grant of leases, licences and permits.

 

Guidance

 The list of activities below has been compiled in consultation with the Pastoral Lands Board (PLB).

Definitions:

LAA Section: the section of the Land Administration Act 1997 applicable to a specific activity.

Category:

  • "PP" indicates that the activity is likely to fit under section 93 LAA ''pastoral purposes' and specific permission from the PLB will not ordinarily be required.   
  • "Permit" indicates that the activity requires a permit issued by the PLB under Part 7, Division 5 of the LAA.
  • "Other Lease/Licence Options" refers to alternative tenure or licence options under the Land Administration Act 1997, which may be required for an activity.

Decision-making authority: is indicated by shading.

Other Government Agency: refers to where the listed activity is managed through an agency other than the Department of Lands.

 

 

Pastoral Purposes Framework table

The following table lists activities which can potentially occur on a pastoral lease where it is considered to be a regular 'pastoral purpose', under a permit as a diversified activity, or other diversified enterprises which are likely to require alternative permissions, licences or even tenure. The table is to be read in conjunction with the supporting descriptions.

 

 

DESCRIPTIONS OF POTENTIAL ACTIVITIES TO BE UNDERTAKEN ON A PASTORAL LEASE

 

Abattoir (commercial enterprise)

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: A commercial abattoir enterprise is a commercial enterprise where both lease-held stock and third party [external lease] held stock could be processed. It requires a s.122 permit or alternative tenure (e.g. s. 79 lease).

The statutory authority overseeing abattoirs is the Western Australian Meat Industry Authority (WAMIA) [www.wamia.wa.gov.au/node/92], established under the Western Australian Meat Industry Act 1976. The Authority reviews the operation of abattoirs and processing works including:

  1. inspecting and, where appropriate, approving the premises and facilities, and the conduct of operations; and
  2. recording in respect of each establishment its effective capacity and actual performance.

Local government may also require planning, building and environmental approvals.

 

Accommodation - non-tourist accommodation

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: Creation of or use of existing accommodation on a pastoral lease, not for tourist use, may be allowed under a s.122 permit. The land must be 'enclosed' or 'improved' to meet the requirements of a s.122 permit. Local government planning and building regulations may apply to non-tourist accommodation proposals. Dependent on the proposal, alternative tenure options may be more appropriate for security of investment (e.g. a general lease under s.79 of the LAA).

 

Alternative power generation (e.g. solar, wind farming)

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: The establishment of power infrastructure to generate surplus power beyond what is required for the running of the pastoral business (e.g. homestead, sheds, machinery, etc.) requires a permit under s.122 or alternative tenure (e.g. s.79 lease). Examples of alternative power operations include: solar farms, solar updraft towers, wind farms and biodigesters.

 

Animal killing shed (small scale abattoir)

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: Refer to full Abattoir description [insert link]

Brief description:  The use of existing pastoral infrastructure (such as a shed) for the processing of the pastoralist's stock alone (and not those of third parties) with conditions of non-commercial intent and no external lease animals processed in the facility, constitutes a 'pastoral purpose' under s. 93 of the LAA, and can be undertaken without the need to obtain additional approvals.  Pastoralists considering the establishment of an abattoir that is outside of these parameters will require a permit, or more likely, alternative tenure under the LAA such as a s.79 lease, to undertake the activity.

The statutory authority for abattoirs is the Western Australian Meat Industry Authority (WAMIA) [www.wamia.wa.gov.au/node/92], established under the Western Australian Meat Industry Act 1976.  WAMIA oversees the operation of abattoirs and processing works.

 

Aquaculture

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: Aquaculture requires licencing approval from the Department of Fisheries (DoF) and an s.122 permit may be issued following DoF approval.

Guidance on the application process and regulations is available from the Department of Fisheries website at www.fish.wa.gov.au/Fishing-and-Aquaculture/Aquaculture/Pages/default.aspx.

 

Beekeeping

LAA Section: s.122

Category: Permit / Other – Department of Parks and Wildlife

Other LAA lease/licence option: s.91 licence

Brief description: Beekeeping (apiary activities) may be possible under a permit where it is undertaken by the lessee within an enclosed or improved area on the lease (such as near the homestead) but if outside this area, or managed by a third party, a s.91 licence is required.

Regulations in respect of apiary activities undertaken on Crown land are managed by the Department of Parks and Wildlife through the Conservation and Land Management Act 1984 and the Conservation and Land Management Regulations 2002 (Part 8A).  More information can be found at www.dpaw.wa.gov.au/plants-and-animals/licences-and-permits.

 

Conservation - Aboriginal cultural areas/sites

LAA Section: N/A

Category: Other – Refer to Department of Aboriginal Affairs

Other LAA lease/licence option: N/A

Brief description: The Department of Aboriginal Affairs administers the Aboriginal Heritage Act 1997 (AHA).  All Aboriginal heritage sites in Western Australia are protected under that Act.  DAA maintains a non-exhaustive register of places and objects to which the AHA applies. DAA also manages submissions for reporting of Aboriginal Sites and under section 15 of the AHA it is compulsory to report a site. All queries regarding cultural areas/sites on a pastoral lease are to be directed to DAA.

 

Conservation – biodiversity

LAA Section: Part 2, Division 2

Category: Covenants, Other - Various

Other LAA lease/licence option: N/A

Brief description: Conservation for biodiversity purposes may be undertaken by a pastoralist with assistance potentially available through various agencies at both the Commonwealth and State government level. Lessees may undertake conservation for biodiversity without government assistance, however, officially recognised actions may be eligible for grant funding or tax credits.

Minister for Lands – may enter into covenants over Crown land under Part 2 Division 2 of the LAA.

Nature Conservation Covenant Program – managed through the Department of Parks and Wildlife. Covenants may be entered into over Crown land with Government approval and are registered on the title. Grazing is typically excluded from covenant areas; however, short term needs or management requirements may be permitted. 

Soil and Land Conservation Act Covenants – managed via the Commissioner of Soil and Land Conservation under s.30 of the Soil and Land Conservation Act 1945. Two types of covenants under the Soil and Land Conservation Act are:

  1. Conservation covenant (irrevocable); and
  2. Agreement to reserve (ATR; not expressed to be irrevocable).

Indigenous Protected Areas –Land or sea where traditional owners have entered into an agreement with Commonwealth Government and known as an 'Indigenous Protected Area' to promote biodiversity and cultural resource conservation.

 

Conservation – European historic areas/sites

LAA Section: N/A

Category: Other – Refer to State Heritage Office

Other LAA lease/licence option: N/A

Brief description: The State Heritage Office [www.stateheritage.wa.gov.au/] manages the submission process for nominating and establishing historical areas/sites in Western Australia. However, the Minister for Lands is consulted before any heritage listing of historic pastoral infrastructure takes place.

Activities such as fencing off a cultural/historic area for limiting use by stock or preservation purposes are at the discretion of the lessee and fencing would be considered 'pastoral purposes,'. Any statutory designation of heritage on an area or site may have implications for future use and development of the land or buildings.

 

Cultivation of fodder crops or hay and silage [non-indigenous]

LAA Section: s.119 or s.120

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: Planting of fodder crops (e.g. sorghum, wheat, maize, lupin) or cultivating plant species for hay and silage using dryland practices requires a permit under s.119. Where irrigation is used a s.120 permit is likely to be issued instead. Refer to 'sow non-indigenous pasture species' for details regarding the issuing of permits for the sale of non-indigenous produce (including fodder).

The application for a permit must provide specific information regarding the proposed activity; including specific plant species and the area of land for proposed use (i.e. map with geo-referenced information for the activity boundaries). The permit may allow for the sale of any produce arising from the permitted activity and is subject to conditions set by the Board. Certain proposals may be recommended for a s.79 lease and some financial institutions require a more secure tenure for investment purposes. When considering locations on the lease for any agricultural activities, the lessee should consider that irrigated activities must contain a buffer zone for weed monitoring and control. A minimal buffer of 50m applies to all irrigation, with additional buffer areas required in specific circumstances (i.e. dependent on terrain, proximity to a watercourse, proposed plant species).

Any proposal that involves clearing requires the appropriate approvals from the Department of Environment Regulation.

To qualify for a permit under s.120, the proposed horticulture activity must meet the criteria of being reasonably related to the pastoral use of the land.

 

Cutting local stone for headstones  

LAA Section: N/A

Category: Other – Refer to Department of Mines & Petroleum

Other LAA lease/licence option: N/A

Brief description: Information on cutting or removal of local stone should be directed to the Department of Mines and Petroleum (www.dmp.wa.gov.au) which administers the Mining Act 1978.

 

Destocking (up to five consecutive years)

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: Pastoral Lands Board Policy No. 7, which can be found online at:

www.lands.wa.gov.au/Pastoral-Leases/Guidelines-Policies-and-Publications/Pages/default.aspx;

clarifies the notification procedure related to destocking on a pastoral lease.

There is recognition of the need for destocking as part of effective management and ecological sustainability of the land and natural resources on a pastoral lease.

A lessee may destock a pastoral lease for a period of up to five consecutive years without notification to the Board, except through the reporting required in the Annual Return of Livestock and Improvements. If a pastoral lease is destocked for a period longer than five consecutive years, the lessee is required to notify the Board, in writing, of the reason for destocking the lease and the proposed date for restocking.

 

Events

LAA Section: s.91Category: Permit

Other LAA lease/licence option: s.91 licence

Brief description: Public events held on pastoral property are subject to DoL policy.  Information on the application process is found at www.lands.wa.gov.au/Crown-Land/Crown-land-use-for-events-and-functions/Pages/default.aspx.

All events with monetary exchange (i.e. entry fee, camping/accommodation fee, prize money) are recognised as having risk to the State; therefore, a section 91 licence is required.

Examples of events include: rodeo, B&S balls, Variety Bash, fundraising events, sporting or adventure racing.

 

Feedlots & Working/Finishing yards

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: A holding yard for stock for short periods of time (up to 150 days, as defined by Meat Livestock Australia for 'shortfed' stock) with supplementary feed is considered pastoral purposes. If the finishing yard is associated with a business venture to hold third party cattle, a permit under s.122 will be required.

Feedlots holding over 500+ head are categorised as prescribed premises for industry licensing by the Department of Environment Regulation as listed under Schedule 1 of the Environmental Protection Regulations 1987.

Information on Environmental Management of Beef Cattle Feedlots can be found at:

www.water.wa.gov.au/PublicationStore/first/13596.pdf – guidelines for Western Australia.

 

Fencing

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: The construction, maintenance or replacement of fencing on a pastoral lease falls under pastoral purposes and does not require a permit under the LAA.

 

Gravel (pastoral maintenance)

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: The use of gravel for pastoral maintenance, such as pastoral track repair, may be considered pastoral purposes under the LAA.

 

Gravel pits, construction of

LAA Section: N/A

Category: Other – Refer to Department of Mines & Petroleum

Other LAA lease/licence option: N/A

Brief description: All queries regarding construction of gravel pits are managed by the Department of Mines and Petroleum under the Mining Act 1978.

 

Hay making

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: Hay making from naturally occurring, existing plant populations (whether indigenous or non-indigenous) is considered pastoral purposes. The plants may not be cultivated, fertilized, irrigated or mechanically assisted in any manner. 

Hay may be baled from buffel grass, for example, or an indigenous grass species, that is already growing on the lease. On the other hand, the irrigating of land to boost the growth of native or non-indigenous grasses already present for making hay would require a permit, as it is cannot be said to be essential to, or normally carried out in conjuction with the grazing of authorised stock.  Likewise, the cultivating or sowing of non-indigenous plants, even if they are already naturally occurring on a lease, would require a permit.

 

Homestead (construction or expansion)

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: The construction of or expansion of a homestead on a pastoral lease does not require a permit under the LAA.

If clearing of native vegetation is proposed as part of the construction or expansion of the homestead, pastoralists will need to clarify the land clearing guidelines and requirements with the Department of Environment Regulation (DER). Local government development and building regulations also apply.

 

Horticulture, orchards

LAA Section: s.120

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: Growing and cultivating crops for commercial purposes for human use, including both food (i.e. fruit, vegetables, nuts) and non-food crops (flowers for florist) would require a permit under s. 120 of the LAA.

To qualify for a permit under s.120, the proposed horticulture activity must meet the criteria of being reasonably related to the pastoral use of the land.

 

Keeping/selling prohibited stock

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: A permit under s.122A is required to undertake either or both of the following: (a) keep prohibited stock on land under a pastoral lease; (b) sell prohibited stock.

The list of prohibited organisms for Western Australia is maintained by the Department of Agriculture and Food - available for download at: www.biosecurity.wa.gov.au/organisms/export/PRO.  Frequently asked questions for the Biosecurity and Agriculture Management Act 2007 can be found at:

www.agric.wa.gov.au/bam/frequently-asked-questions-about-bam-act-and-waol.

Under the Land Administration Regulations 1998 Reg.17C, authorised stock in s.93 of the LAA is prescribed as:

  1. sheep (Ovis aries); and
  2. cattle (Bos indicus, B. taurus); and
  3. horses (Equus caballas);
  4. goats (Capra hircus); and
  5. stock kept for domestic or household use.

 

Land/Ecosystem restoration activities

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: A lessee undertaking land-system or ecosystem restoration activities does not require a permit under the LAA, as this is considered a pastoral purpose. Restoration activities may include destocking paddocks, fencing off degraded areas or active rehabilitation, such as earthworks (e.g. rakes, bunds).

 

Machinery depot/lay-down yard (commercial enterprise secondary to pastoral business)

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: Machinery depots and lay-down yards include commercial ventures that are secondary to the pastoral lease (e.g. contracting to mining companies, transport).  Parking areas for the pastoral lease's own transport vehicles and equipment is considered to be a pastoral purpose. Parking transport vehicles or machinery belonging to or hired out to other lessees or non-pastoral interests as part of a commercial enterprise, which could be considered a stand-alone business, requires a s. 122 permit or, under certain instances, a s. 79 lease.

 

Machinery parking/shed (non-commercial)

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: For commercial enterprises, refer to Machinery depot [insert link]

Brief description: The construction of or conversion of an existing shed structure for the purpose of parking machinery used during the course of running a pastoral station does not require a permit under the LAA. This classification excludes a non-pastoral commercial enterprise machinery depot (e.g. equipment leased to exploration, mining and infrastructure companies).

The lessee is encouraged to clarify with DoL whether a proposed 'shed' or 'parking area' fits under the definition of a pastoral purpose.

 

Mining

LAA Section: N/A

Category: Other – Refer to Department of Mines & Petroleum

Other LAA lease/licence option: N/A

Brief description: All queries on mining and related mineral exploration activities are managed by the Department of Mines and Petroleum under the Mining Act 1978.

 

Propagation of local provenance WA native [indigenous] plant species for commercial purposes

LAA Section: s.120

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: The creation of an in situ native plant nursery for propagation of local provenance species for commercial purposes would require a s.120 permit. Such commercial purposes might be for mining rehabilitation programs.

 

Removing native wildlife contributing to overgrazing and rangeland degradation on a lease

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: Removing native wildlife causing damage to property is considered pastoral purposes and does not require a permit under the LAA.

Under the Wildlife Conservation Regulations 1970 – Regulation 5, a licence may be required to take protected fauna causing damage to property – eg: contributing to overgrazing and rangeland degradation on a lease.  For kangaroos, there are restrictions based on the location and species. Information on Kangaroo Management in Western Australia, including links to which areas are open season for specific kangaroo species, is available on the Department of Parks and Wildlife website at:

www.dpaw.wa.gov.au/plants-and-animals/animals/kangaroo-management-in-western-australia.

All native fauna are protected under the Wildlife Conservation Act 1950.

The National code of practice (commercial and non-commercial) for the humane shooting of kangaroos and wallabies is available on the Commonwealth website:

www.environment.gov.au/biodiversity/wildlife-trade/publications/national-codes-practice-humane-shooting-kangaroos-and-wallabies.

Specific guidelines for hunting kangaroos:

  • Kangaroos can only be killed:
    • by a person holding an appropriate licence from DPaW under the WCA; or
    • where authorised under an Open Season Notice for that species; or
    • by an Aboriginal person in certain circumstances.
  • Open Season Notices have been gazetted under the WCA.  These permit:
    • Landholders and leaseholders and their 'approved nominated agents' to undertake non-commercial shooting of kangaroos without a licence under the WCA.

But only where:

    • the land is within a listed local government area for the particular species; and
    • the kangaroos are causing, or are reasonably expected to cause, damage to primary production (and in the case of red kangaroos to control populations and natural increase); and
    • there is no taking or disposing of carcasses or skins.
  • The only person other than the landowner or pastoralist that can shoot kangaroos under an Open Season Notice is their 'approved nominated agent'.  This is normally a professional kangaroo shooter appointed by the pastoralist.  The approved nominated agent has to comply with the same Open Season conditions as the pastoralist. 
  • Any person other than the landowner, pastoralist or his/her 'approved nominated agent' that shoots kangaroos will be doing so outside of an Open Season Notice and unless they hold an appropriate licence under the WCA, they will be committing an offence with a penalty of up to $10,000.

 

Removing/shooting declared pests/feral animals

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: Refer to Pastoral tourism – removing/shooting declared pests/feral animals for tourism enterprises around feral animal control.

Brief description: Removing/shooting declared pests/feral animals in accordance with a Pastoralist's obligations under section 111(3) LAA is considered pastoral purposes and does not require a permit under the LAA. It is the responsibility of the lessee to meet all licensing and legislative requirements of operating a firearm lawfully on the pastoral lease.

The Western Australian Organism List, found at www.agric.wa.gov.au/bam/western-australian-organism-list-waol, is maintained by the Department of Agriculture and Food (DAFWA), which publishes the status of organisms that have been categorised as declared pests under the Biosecurity and Agriculture Management Act 2007 (BAM Act). The shooting or removal of declared pests that are also native wildlife (i.e. kangaroos) have additional requirements, as referred to in the previous item.

Any removal or shooting of feral animals must abide by the Code of Practice for the capture and marketing of feral animals in Western Australia.  For further information contact DAFWA.

The Commonwealth Government has also produced Model codes of practice and standard operating procedures for the humane capture, handling or destruction of feral animals in Australia. These can be found at: www.feral.org.au/animal-welfare/humane-codes/

Please refer to the activity "tourism - pastoral-based tourism" for information on establishing a commercial enterprise where people pay to participate in shooting of declared pests/feral animals on a pastoral lease.

 

Roadhouse/Tourism/Truck Stop

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: The establishment of infrastructure associated with roadhouse type facilities (supply of food, fuel, basic necessities) on enclosed or improved land may be considered under a s.122 permit.  

A general lease under s.79 of the LAA is an alternative tenure option, which may suit particular proposals, especially where more secure tenure is preferred for investment.

 

Roads and airstrips

 LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: Roads and airstrips that are constructed for the purpose of operating the pastoral lease are considered as being for pastoral purposes. The Department of Environment Regulation should be consulted to determine whether clearing permits for removal of native vegetation are required. Infrastructure constructed for other commercial enterprises (for example, mining) require statutory approvals from the appropriate agency. 

 

Seed collection for commercial purposes (from WA native plant populations)

LAA Section: N/A

Category: Other – Refer to Department of Parks & Wildlife

Other LAA lease/licence option: N/A

Brief description: Commercial enterprises associated with the sale of seed collected from WA native plant populations on a pastoral lease require a licence under the Wildlife Conservation Act 1950, which is managed by the Department of Parks and Wildlife (DPaW).

Seed collected from WA native flora for commercial purposes requires a Commercial Purposes Licence from DPaW – refer to their website at www.dpaw.wa.gov.au/plants-and-animals/licences-and-permits.

If proposing to collect seed from declared rare flora (DRF), the lessee is to consult with the Species and Communities Branch of DPaW for the relevant permits. DRF taxa is treated as a special category, requiring a higher level of scrutiny. Lessees can search the Western Australian Herbarium database for regional lists and distribution maps for DRF taxa via Florabase http://florabase.dpaw.wa.gov.au/ or NatureMap http://naturemap.dec.wa.gov.au/. Under the Wildlife Conservation Act 1950 severe penalties are imposed for damaging removing or digging up declared flora or allowing 'the same to be done by any means'.

 

Seed collection from naturally occurring WA native plant species (non-commercial)

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: Refer to Seed Collection – commercial for business enterprise options

Brief description: Collecting seed for non-commercial purposes (e.g. land rehabilitation) by the lessee, for use on the same lease it is collected from, is considered pastoral purposes under the LAA.

A scientific or other prescribed purposes licence (SOPP) is required from DPaW [ to undertake any seed collecting on a pastoral lease.  Refer to the DPaW website at www.dpaw.wa.gov.au/plants-and-animals/licences-and-permits/135-flora-licences for further information.

 

Shooting range

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: Enclosed area shooting ranges may be permitted under s. 122 of the LAA. In addition to s.122 permits, permission from the Minister is required under s.267 of the LAA for discharging a firearm or weapon on Crown land. The Minister may set additional conditions to those required under a s.122 permit for discharging firearms or weapons on Crown Land.

The following circumstances and conditions have been applied to existing permits for enclosed shooting ranges:

  1. Applicant must have a firearms licence; international shooters are required to apply for a temporary licence (permit) to use a firearm in WA;
  2. The range must be inspected by a licenced WA Police Inspector or representative prior to approval. Guidelines for firearm ranges and standards of approval are available online at www.wapa.asn.au/Red_File.html.  These guidelines outline minimum safety standards, but not technical requirements on construction. The range inspector/engineer will provide instructions on how the range should be built and to what specifications. Factors to consider include: proximity to public roads, railway, paths, parks, buildings and centres of habitation;
  3. The range must be registered with the WA Police, which will only approve a range sanctioned under a club/shooting association (e.g. Sporting Shooters Association of Western Australia, Western Australia Rifle Association);
  4. The range must comply with all appropriate legislation (e.g. Firearms Act 1973) and any feral animals are to be killed humanely in line with the Code of Practice for the practice for the Capture and Marketing of Feral Animals in Western Australia.
  5. Shooting of registered stock is prohibited and the lessee or their agents must not introduce or cultivate feral species on the lease;
  6. Examples of enclosed areas include: a private, fenced (5 strand small stock fence) firearms range, surrounded by fenced paddocks, all of which can be locked;
  7. Permit holder must comply with the conditions of the permit and hold the appropriate level of insurance.

 

Sow [local provenance] indigenous plant species (non-commercial)*

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: Growing indigenous species local to the area for pastoral use (e.g. for fodder or improving rangeland condition) with no-commercial implications for the activity,  would be considered to be a pastoral purpose.

*The fostering or growing of native pastures naturally sown would not be an agricultural, horticultural or supplementary use of land inseparable from, essential to, or normally carried out in conjunction with grazing of authorised stock. The use of irrigation cannot be said to be integral to the grazing of authorised stock.

 

Sow non-indigenous pasture species

LAA Section: s.119

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: The sowing [spread of seed] of non-indigenous pasture species requires a permit under s.119 of the LAA or in some circumstances a general lease under s.79 of the LAA (i.e. investors may require a more secure form of tenure for investment support).

A permit is always required for sowing and cultivating non-indigenous plant species under s. 110 of the LAA [Non-indigenous pasture not to be sown etc. on leased land without a permit], as severe penalties apply. Furthermore, s.110 (2) prohibits the sale of fodder or other produce from non-indigenous pasture, other than the products of the animals grazed on it, except in accordance with a permit issued under sections 119, 120 or 122.

 

Stock depot

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: considered an assembly area for authorised stock in preparation to transport them off the pastoral lease to market.

If the proposal includes handling third party stock as part of a business venture, then a 122 Permit is required.

 

Stock water infrastructure (installation)

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: N/A

Brief description: The installation of water points on a lease is considered part of pastoral purposes and does not require a permit under the LAA.

The Pastoralist may refer to the Department of Water (DoW) - 'Pastoral activities within rangelands' (Water Quality Protection Note 35, November 2006) - for further information or contact DoW regarding any proposed changes to water use.  Further information can be found on the DOW website at:   www.water.wa.gov.au/licensing/water-licensing/types-of-licenses.

Riparian rights – Under the Rights in Water and Irrigation Act 1914, riparian rights, the owner or occupier of any land in direct contact with a watercourse or wetland can take water without a licence for domestic or non-intensive stock water.

 

Tourism - non-pastoral based tourism

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease or s.91 licence

Brief description: Tourism proposals based around activities not considered ancillary to or supplementary to running of the pastoral lease (e.g. 4WD touring) may be considered under a s.122 permit. However, under a s.122 permit, the proposed activity would be restricted to a specific area of enclosed or improved land. The entire pastoral lease may not be considered 'enclosed' or 'improved', even if a boundary fence encompasses the lease.  

If the activity is not located on enclosed or improved land or could be considered a stand-alone business, then a general lease under s.79 of the LAA may be the appropriate tenure instrument. For third-party run tours (e.g. viewing flora on a neighbouring lease), a s.91 licence will be required. Under the s.91 licence, the licensee is allowed to access the pastoral lease but is not allowed to establish or construct infrastructure on the lease (e.g. ablution blocks).  Ss.91 licences are issued for a specified period of time, typically of short duration up to a maximum of three years.

Other approvals or information regarding any tourism proposals may be required from local government authorities or Tourism WA.

 

Tourism - pastoral based tourism

LAA Section: s.121

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: pastoral-based tourist activities must be supplementary to pastoral activities on the land to satisfy s.121 (1) of the LAA. S.121 (2) requires that the permit application must specify the tourist activity proposed, any facility proposed to be constructed, and the area of land proposed to be used (i.e. map with geo-referenced details for activity boundaries).

A general lease under s.79 of the LAA may be required where the scale of the tourism operation is no longer supplementary to the pastoral enterprise and/or the tourism activities are not related to the pastoral business in any way.

Examples of pastoral based tourism include: tours of pastoral history; viewing historical pastoral infrastructure; windmill runs; mustering; shearing; fencing maintenance and general repairs. Under current provisions of the NTA, pastoral based tourism does not encompass simple visitation of the lease.

 

Tourism - pastoral based tourism – removing declared pests/feral animals (non-native) – specific activity guidelines.

LAA Section: s.121

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description:

Specific guidelines apply if the lessee has established or wishes to establish a pastoral-based tourism business under a s.121 permit, and would like tourists to participate in the removal/shooting of declared pests/feral animals (non-native).

Certain kangaroo species (Macropus spp.) are currently listed as declared pests under the BAM Act and a pastoralist is under a statutory obligation to control them; however, they are also a protected species under the Wildlife Conservation Act 1950 and cannot be hunted except as permitted by that Act. The regulations around hunting declared pest species that are native wildlife are addressed in the next activity item.

As any form of recreational shooting carries risks to the State, DoL requests the lessee to communicate with the Department prior to engaging in a commercial venture whereby paying parties are invited to shoot on Crown land. It is an offence under s.267 of the LAA for a person without either the permission of the Minister or reasonable excuse to discharge any firearm or other weapon on Crown land. The Minister may set additional conditions to those outlined under a s.121 permit for discharging firearms or weapons on Crown land.

Permit conditions for this activity would include:

  • The lessee identifying where on the lease shooting would take place as part of the tourism activity (i.e. specific paddocks). It could not take place over more than 50% of the pastoral lease due to Subdivision G of the NTA. Risk management procedures would have to be in place to manage multiple parties or individuals accessing the lease.
  • Shooting of registered stock not be permitted and the lessee or their agents must not introduce or cultivate feral species on to the lease;
  • Animals to be killed humanely in line with the Code of Practice for the Capture and Marketing of Feral Animals in Western Australia;
  • No third party management; lessee and participants would have to hold appropriate firearms licences and abide by associated legislation (e.g. Animal Welfare Act 2002; WA Firearms Act 1973; 1996 National Firearms Agreement).
  • The lessee must hold the appropriate level of public indemnity insurance.

 

Tourism - pastoral based tourism – removing native wildlife contributing to overgrazing and rangeland degradation on the lease – specific activity guidelines

LAA Section: s.121

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: As any form of recreational shooting carries risks to the State, the DoL requests the lessee to communicate with the Department prior to engaging in a commercial venture whereby paying parties are invited to shoot on Crown land. It is an offence under s.267 of the LAA for a person without either the permission of the Minister or reasonable excuse to discharge any firearm or other weapon on Crown Land. The Minister may set additional conditions to those outlined under a s.121 permit for discharging firearms or weapons on Crown Land.

There are specific guidelines if the lessee has established or wishes to establish a pastoral-based tourism business under a s.121 permit, and would like tourists to participate in the removal/shooting of native wildlife causing damage to property.

All native wildlife species are protected under the Wildlife Conservation Act 1950, which is administered by DPaW.

Under Wildlife Conservation Regulations 1970 – Regulation 5 a licence may be required to take protected fauna causing damage to property – eg: contributing to overgrazing or rangeland degradation on the lease.

Information on Kangaroo Management in Western Australia, including links to which areas are open season for specific kangaroo species, is available on the Department of Parks and Wildlife website:  www.dpaw.wa.gov.au/plants-and-animals/animals/kangaroo-management-in-western-australia.

All native fauna are protected under the Wildlife Conservation Act 1950.

The National code of practice (commercial and non-commercial) for the humane shooting of kangaroos and wallabies is available on the Commonwealth website at:

www.environment.gov.au/biodiversity/wildlife-trade/publications/national-codes-practice-humane-shooting-kangaroos-and-wallabies.

Guidelines for shooting kangaroos:

  • Kangaroos can only be killed:
    • by a person holding an appropriate license from DPaW under the WCA; or
    • where authorised under an Open Season Notice for that species; or
    • by an Aboriginal person in certain circumstances.

Open Season Notices have been gazetted under the WCA.  These notices permit landholders and leaseholders and their 'approved nominated agents' to undertake non-commercial shooting of kangaroos without a licence under the WCA.

But only where:

    • the land is within a listed local government area for the particular species; and
    • the kangaroos are causing, or are reasonably expected to cause, damage to primary production (and in the case of red kangaroos to control populations and natural increase); and
    • there is no taking or disposing of carcasses or skins.
  • The only person other than the landowner or pastoralist that can shoot kangaroos under an Open Season Notice is their 'approved nominated agent'.  This is normally a professional kangaroo shooter appointed by the pastoralist.  The approved nominated agent has to comply with the same Open Season conditions as the pastoralist. 
  • Closed season shires (local governments) require a licence under Wildlife Conservation Regulations 1970 – Regulation 5 to take protected fauna causing damage to property.
  • Any person other than the landowner, pastoralist or his/her 'approved nominated agent' that shoots kangaroos will be doing so outside of an Open Season Notice and unless they hold an appropriate licence under the WCA, they will be committing an offence with a maximum penalty of $10,000.
  • The lessee must identify where on the lease shooting would take place as part of the tourism activity (i.e. specific paddocks). It could not take place over more than 50% of the pastoral lease due to Subdivision G of the NTA. Risk management procedures have to be in place to manage multiple parties or individuals accessing the lease.
  • Shooting of registered stock is prohibited and the lessee or their agents must not introduce or cultivate feral species onto the lease;
  • Animals are killed humanely in line with the Code of Practice for the Humane Shooting of Kangaroos;
  • No third party management; lessee and participants would have to hold appropriate firearms licences and abide by associated legislation (e.g. Animal Welfare Act 2002; WA Firearms Act 1973; 1996 National Firearms Agreement).
  • The lessee would be required to hold the appropriate level of public indemnity insurance.

 

Training - Pastoral training

LAA Section: s.93

Category: Pastoral purpose

Other LAA lease/licence option: refer to Non-pastoral training for mixed training enterprises.

Brief description: training may be considered pastoral purposes when the lessee offers training based on activities typically associated with, or ancillary to, running a pastoral station. This includes training activities such as: horse riding and horse training, stock handling, welding, and occupational health and safety (OH&S). Accommodation for large numbers of people attending pastoral training may require a permit.

If the lessee is considering using a third party organisation to run the training on the lease using existing facilities, the lessee should contact the Department of Lands about the proposal, as an alternative licence or lease tenure may be required.

 

Training - Non-pastoral training

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: Non-pastoral training activities may be considered under a s.122 permit, within permitted accommodation and facilities. These consist of training for activities not considered ancillary to or supplementary to the running of a pastoral lease - for example: catering, astronomy classes, and beauty services training.

Training must be managed or facilitated by the lessee.  Third party commercial training organisations cannot hold a s.122 permit. Lessees may choose to contract out portions of a proposed training activity; however, the permit and associated responsibilities will remain with the lessee. Alternative tenure options may be preferred (e.g. a general lease under s 79 of the LAA), dependent on the extent of the proposed training activity and associated facilities or requirements for security of land tenure for investment.  

 

Tree plantations

LAA Section: s.122

Category: Permit

Other LAA lease/licence option: s.79 lease

Brief description: A pastoralist may apply for a permit under s. 120 or s. 122 of the LAA for undertaking tree plantation/orchard commercial ventures on the pastoral lease (i.e. sale of oils, fruits, cuttings, etc.).

'Plantation' is defined in the Tree Plantation Agreement Act 2003 as 'one or more groups of planted trees' and in the Environmental Protection Act 1986 as 'one or more groups of trees, shrubs or plants intentionally sown, planted or propagated with a view to commercial exploitation.