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Permits to diversify | |
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Permits to diversify
These pages provide introductory information only in regards to Permits for pastoral and non-pastoral-use available under the Land Administration Act 1997, Part 7 – Pastoral Leases, Division 5. This page includes guiding information on:
For assistance in regards to the eligibility of a proposed activity and the required application process for Permits available to pastoral lessees’ under Part 7 Division 5 of the Land Administration Act 1997, please contact:
Pastoral Land unit
Department of Regional Development and Lands
Under section 106 of the Land Administration Act 1997, pastoral leases must not be used for purposes other than pastoral purposes, except in accordance with a Permit issued under Part 7 Division 5.
Permits can only be issued on approval from the Pastoral Lands Board to pastoral lessees’ seeking to carry out any other activity on the lease other than the primary pastoral use of grazing native vegetation with authorised stock.
Permits are not transferable to a third party and if the pastoral lease is sold, the Permit can not be transferred to the new lessee. However, it may be possible for the new lessee to apply for a new Permit for the same activity under a ‘streamlined’ process (details available from the Pastoral Land unit).
Two types of Permits may be issued by the Pastoral Lands Board to the pastoral lease holder under the following sections of the Land Administration Act 1997:
PASTORAL USE PERMITSs.119 - Sowing of non-indigenous pastures
For the lessee to sow and cultivate specific varieties of non indigenous pasture on specified land area(s) under the lease. A permit under this section may include a permit for the sale of any produce of the pasture permitted. Please note: an approved pasture species list has been developed thus pastoral lessees should contact their local Department of Agriculture and Food rangelands office for plant species advice prior to developing a Permit application.
s.120 - Agricultural uses of land under a lease
For the lessee to use specified land under the lease for crop, fodder, horticultural or other specified kind of agricultural production if the proposed use is reasonably related to the pastoral use of the land.
s.121 – Low-key pastoral-based tourism
To allow the pastoral lessee to use specific land area(s) for pastoral-based tourist activities of a specified kind if the activities will be purely supplementary to the pastoral use of the lease.
s.122A - Keep or sell prohibited stock
To keep prohibited stock on the land under a pastoral lease and/or sell prohibited stock. Prohibited stock are those classes of animals not ‘authorised’.
Authorised stock are controlled livestock managed according to industry codes of practice for husbandry and identification prescribed as: (a) sheep (ovis aries); (b) cattle (bos indicus, bos taurus); (c) horses (equus caballas); (d) goats (capra hircus); and (e) stock kept for domestic or household use.
NON-PASTORAL USE PERMITSs.122 - Non-pastoral use of enclosed and improved land
The use of specified land under the lease for any non-pastoral purposes if the land has been enclosed or improved. An application must specify the use proposed, any facility proposed to be constructed, and the areas of land proposed to be used.
The current Land Administration Act 1997 Permit application assessment process is four to six months with exceptions depending on the complexity of the Permit proposal. This period includes:
1. Liaison with lessee on the submitted Permit application quality, additional information if required and preparing documents for referral – up to 28 days;
2. Referral of Permit application and draft conditions of Permit, to government agencies – 42 days set timeframe. (response by the lessee on the draft Permit conditions is included in this timeframe);
3. Compilation of agency and lessee responses – up to 14 days (may require further liaison with agencies or lessee to clarify feedback received);
4. Presentation to the Pastoral Lands Board – up to 28 days (depending on sitting of the Board or the earliest an Out-of-Session Board teleconference can be organised);
5. Post Board decision meeting – document preparation – up to 14 days; and
6. Offer of a Permit and Conditions to the pastoral lessee requiring the lessee to accept, sign and return by facsimile to PLBU – up to 28 days (dependent on lessee’s response time).
7. If the lessee accepts the offer of a Permit and the conditions, the Permit is issued.
As such the total period for the Permit application assessment and issuing if approved by the Pastoral Lands Board, could be up to 22 weeks dependent on:
(a) the quality standard and completeness of the Permit application submitted by the lessee;
(b) the complexity of the Permit proposal; and
(c) the response timeframes by both the lessee and agencies during the process.
Where a Permit application may entail a ‘future act’ under the Native Title Act 1993 (Cwth), then the RDL Lands Division through the PLBU, State Land Services and Native Title Unit can work with the pastoral lease holder to negotiate an Indigenous Land Use Agreement (ILUA). This additional process can take two to three years before a Permit application can be considered by the Pastoral Lands Board.
Section 117 of the Land Administration Act 1997 stipulates that the Pastoral Lands Board is not to issue a Permit unless environmental conservation requirements are satisfied.
This section of the Act lists the common legislation in addition to expressly stating that this requirement is for ‘any other written law relating to environmental conservation which is applicable to the land under the lease.’
As such there is a requirement that any additional government approvals that may be required for the proposed activity, must also be secured by the pastoral lease holder prior to commencement of an activity permitted by the Pastoral Lands Board. These additional government approvals often include but are not limited to:
PLANNING and/or CONSTRUCTION APPROVAL:
Where a Permit application involves building construction or addition to an existing building; the creation of a new supplementary business; the preparation of food for the public; or the creation of additional waste, then Local Government Authority approval(s) may be required. Failure to do so may result in penalties applied under local By-Laws.
For further information on how to gain approval(s) from your Local Government Authority, pastoral lessees can find contact details available for all Shires in Western Australia at the Department of Local Government website: http://www.dlgrd.wa.gov.au/ under ‘Local Government Lists’ or looking up details in a White Pages directory.
PERMIT TO CLEAR LEASED LAND and/or REMOVE NATIVE VEGETATION:
Where a Permit application involves clearing a portion of land of greater than one hectare, a clearing permit is required from the Department of Environment and Conservation (DEC). There are substantial penalties under the Environmental Protection Act 1986 for clearing land without a permit.
For further information on how to gain approval to clear land, pastoral lessees should contact the Native Vegetation Protection Unit at the Department of Environment and Conservation Perth office with contact details available at http://www.dec.wa.gov.au/ under ‘Contact Us’ or by calling 08 9334 0333 or e-mail to: nvp@dec.wa.gov.au .
LICENCE FOR WATER ALLOCATION and/or EXTRACTION:
The Department of Water grants licenses to take water under the Rights in Water and Irrigation Act 1914. License applications are required to take water, interfere with bed and banks of a watercourse, or construct a well. In granting licenses, consideration is given to both the short- and long-term economic, environmental and social impacts.
Water licensing is active in all proclaimed areas and for all artesian groundwater wells throughout the State. There are 45 groundwater and 22 surface water management areas proclaimed under the Rights in Water and Irrigation Act 1914.
Further information is available from local Department of Water offices with locations at Kununurra, Karratha, Carnarvon and Geraldton, details available on their website at: http://www.water.wa.gov.au/ under ‘Contact Us’ or by calling 08 6364 7600.
LICENCE FOR AQUACULTURE:
Aquaculture on pastoral leases requires a Licence from the Department of Fisheries and is assessed as a ‘Non-freehold Land Site’. Applications must be made on a specified form and submitted to the licensing branch of the Department of Fisheries.
Further information is available at the Department of Fisheries website: http://www.fisheries.wa.gov.au/ under the 'Contact Us' section or by calling 08 9482 7333 or by e-mail to: headoffice@fish.wa.gov.au .
Conditions of Permit: A Permit is not issued unless the pastoral lessee has acknowledged in writing the conditions of Permit. Most conditions are standard and pastoral lessees must abide by them. Failure to do so may result in the issue of a Default Notice which may result in a fine and/or forfeiture of the pastoral lease. Persons authorised by the Pastoral Lands Board to inspect pastoral leases may inspect Permit activities to determine whether conditions of Permit are being complied with.
Permit Rent: The standard pastoral lease annual rental is for the right to graze the native vegetation. As Permit activities are additional to this, they may incur additional Permit annual rental. Any additional Permit annual rental is calculated by Valuer Generals Office at Landgate (http://www.landgate.wa.gov.au/) and charged separately to the standard annual pastoral lease rental.
Annual Returns: A section of the ‘Annual Return of Livestock and Improvements’ submitted by the pastoral lessee by 31 December of each year, requires information about Permit activities. Specifically, this is information on expenditure, income derived and, in the case of low-key tourism permits, numbers of guests.
Proposals to expand or amend Permit activity: Permits are issued for specific activities over a specific area of the lease. Should you want to change the size, location or nature of the activity (including using different plant species for crop and pasture Permit activities), you must contact the Pastoral Land Business Unit to discuss the process for obtaining a new Permit. Failure to do so may result in the issue of a Default Notice which may result in a fine and/or forfeiture of the pastoral lease.
Operation of the Permit activity: Permits are not transferable to a third party and permit activities may only be conducted by a pastoral lessee or their employees. Therefore, if you have a Permit, as the pastoral lessee you must be in control of the permitted activity. If the pastoral lease is sold, the Permit can not be transferred to the new lessee. However, it may be possible for the new lessee to apply for a new Permit for the same activity through a ‘streamlined’ process, under which a Permit may be issued within a shorter timeframe than usual.
Currency of the Permit: The onus is on the pastoral lessee to ensure that the Permit is current and has not expired. Reminders are not sent. Failure to do so may result in the issue of a Default Notice which may result in a fine and/or forfeiture of the pastoral lease.
The issuing of any Land Administration Act 1997 Permit may entail a ‘future act process’ if the act of issuing that permit affects the rights and interests of native title.
‘Subdivision G – Future acts and primary production’ of the Native Title Act 1993 (Commonwealth), section ‘24GB – Acts permitting primary production on non-exclusive agricultural and pastoral leases’, sets out those activities that may not entail a ‘future act’ under this Act.
Generally (but not exclusively), Permits for pastoral use purposes issued under sections 119, 120, 121 and 122A of the Land Administration Act 1997, do not entail a ‘future act’ and as such are permitted under the Native Title Act 1993. Non-pastoral activity however covered by section 122 of the Land Administration Act 1997, does require scrutiny to determine its native title status.
Given the complexity of the Native Title Act 1993, when it is considered that there may be a native title impact, Permit applications are referred by the Pastoral Land Business Unit initially to the RDL Land Division Legal section for advice.
If a Permit application is found to be impacted by the Native Title Act 1993, then the State Land Services, Pastoral Land and Native Title Unit of the RDL can work with Permit applicants to negotiate and resolve if possible the native title requirements. However such processes average two to three years in duration.
Since early 2009, the Pastoral Land Business Unit has received several Permit applications which have included Indigenous Land Use Agreements (ILUA) in place. This indicates an acceptance by the pastoral industry that such arrangements are critical ahead of land development occurring and government permits or approvals being sought.
For further information about Native Title and the management of Crown land click here
Technical and business planning advice is available to pastoral lessees from a number of sources, depending on the nature of the proposed activity.
PASTORAL USE PERMITSs.119 - Sowing of non-indigenous pastures or
s.120 - Agricultural uses of land under a lease or
s.122A - Keep or sell prohibited stock
Department of Agriculture and Food – contact your local Rangeland district office located at Kununurra, Derby, Broome, Karratha, Carnarvon, Geraldton or Kalgoorlie. Office contact details are available at their website: http://www.agric.wa.gov.au/ under the 'Contact Us' section or by calling 08 9368 3333 or by e-mail to: enquiries@agric.wa.gov.au .
Association of Australian Agricultural Consultants (WA) - the use of pastoral (plus agricultural and horticultural) consultants is a growing trend amongst pastoral lessees and their use can prove to be beneficial well beyond station and livestock management planning. Information on the range of consultants available in Western Australia can be found on the Association of Australian Agricultural Consultants (WA) website: http://www.aaacwa.com.au/ or by calling 1800 644 855.
s.121 – Low-key pastoral-based tourism
Tourism Western Australia – contact your Regional Manager located at Broome, Carnarvon and Perth. Office contact details are available at their website: http://www.tourism.wa.gov.au/ under the 'Contact Us' section at the ‘Tourism Western Australian Contacts List’ link or by calling 08 9262 1700 or by e-mail to: info@westernaustralia.com .
NON-PASTORAL USE PERMITSs.122 - Non-pastoral use of enclosed and improved land
Department of Fisheries – for aquaculture Permit proposals contact your regional office located at Broome, Carnarvon, or Geraldton. Office contact details are available at their website: http://www.fisheries.wa.gov.au/ under the 'Contact Us' section or by calling 08 9482 7333 or by e-mail to: headoffice@fish.wa.gov.au .
Association of Australian Agricultural Consultants (WA) – details as above.
See also the Useful Links webpage for other organisations that may be able to assist with Permit proposal advice.
Any more questions on Permits?For assistance in regards to the eligibility of a proposed activity and the required application process for Permits available to pastoral lessees’ under Part 7 Division 5 of the Land Administration Act 1997, please contact:
Pastoral Land unit
Department of Regional Development and Lands
View an online copy of the Land Administration Act 1997 here.
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