Frequently asked questions

Please select from the following frequently asked questions:

1. Can I access State land for recreational purposes?
2. Can I use firearms on State land?
3. Do Aboriginals have the right to access State land?
4. Is it an offence to occupy or build a structure on State land?
5. Is it illegal to drive off-road vehicles on State land?
6. What is classified as an offence on State land?
7. What is State/Crown land?
8. What is the difference between Crown land and State land?
9. Where can I find a glossary of terms?
10. Where can I find information about the Dampier to Bunbury Natural Gas Pipeline (DBNGP) corridor?
11. Where can I find information on fees and charges?
12. Where can I find information on pastoral leases?
13. Where can I find forms?
14. Who manages fire hazards on State land?
15. Who manages weed and vermin control on State land?

In addition, links to key information regarding State land are provided below:

• Appeals to Governor
• Compensation
• Compulsory acquisition
• Contaminated sites
• Dampier to Bunbury Natural Gas Pipeline (DBNGP) corridor 
• Easements
• Environment hazard controls
• Native title issues
• Pastoral leases
• Repeals, transitionals, savings and validation
• Reserves
• Roads
• Sales, leases and licences

1. Can I access State land for recreational purposes?

Many remote fishing, surfing, camping and other tourism – oriented locations can only be accessed by un-dedicated tracks traversing lands of the State.

As such tracks may damage the natural terrain and vegetation, the Land Administration (Land Management) Regulations 2006 apply. The Department seeks to take a common-sense approach to enabling the community to enjoy the public domain with these provisions.

The approach is dependent on the public being responsible in relation to:

• minimising environmental impact;  

• removing their rubbish; and 

• exercising courtesy and respect toward others – especially lessees of affected State land.

Leases afford a right of exclusive possession and quiet enjoyment to the lessee. Many pastoralists are however, prepared to allow the public to cross their pastoral lease to access coastal fishing and tourism points. In such cases, members of the public should be aware that they are entering private land by permission and should avoid any interference with the lease’s operation.

• stock must not be disturbed;

• watering points should be avoided;

• gates should be closed; and 

• under no circumstances should firearms be discharged.

There is provision in the Land Administration Act 1997 (external link) for declaration of “public access routes” over State land and pastoral leases to legitimise current use under certain circumstances.

2. Can I use firearms on State land?

It is an offence to discharge firearms on State land without approval or reasonable excuse (in addition, the Firearms Act 1973 [external link], makes it an offence to discharge a firearm on or across public roads).

3. Do Aboriginals have the right to access State land?

The High Court and the federal Native Title Act 1993 (NTA) (external link) have established that Native Title must be assumed to exist in relation to State land – except where there are or have been certain acts or tenures recognised by the NTA as having extinguished Native Title.

In addition, section 104 of the Land Administration Act 1997 (external link) secures a right to the State’s Aboriginal inhabitants to have access over unfenced, unimproved parts of pastoral leases for traditional hunting.

Aboriginal parties therefore have special rights to use unallocated Crown land for traditional purposes, except to the degree restricted by any valid law.

4. Is it an offence to occupy or build a structure on State land?

• Section 267 of the Land Administration Act 1997 (LAA) (external link) specifies a range of trespasses in relation to State land. It is for instance, an offence to reside on any public land or to erect any structure on public land and the LAA provides a penalty for such an offence.

• Section 270 provides the power to remove any unauthorised structures within three months.

• Section 271 allows occupiers to apply for an extension of time, while section 272 allows an appeal to the Governor on the grounds that the structure is authorised.

• Under section 273 the Minister may authorise a delegate to remove unauthorised structures. If the notice to remove is not complied with, the structure and contents become the property of the State and may be removed, destroyed or disposed of in any manner the Minister thinks fit, without compensation.

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5. Is it illegal to drive off-road vehicles on State land?

The Control of Vehicles (Off-Road Areas) Act 1978 (external link) makes it an offence to drive off-road vehicles (not licensed under the Road Traffic Act 1974 [external link]) such as dune buggies and trail bikes on State land except in those areas specifically set aside for the purpose pursuant to the Act. Furthermore, driving of vehicles across State land destroys vegetation and causes other damage, which is an offence under the Land Administration Act 1997 and its Land Administration (Land Management) Regulations 2006.

6. What is classified as an offence on State land?

It is an offence to:

• clear, cultivate, enclose or remove anything from public land (e.g. native plants) without the consent of the Minister for Lands;

• deposit rubbish, noxious waste, disused vehicles, etc. on public land;

• construct bores, wells or dams must not be constructed without the consent of the Minister for Lands; 

• discharge firearms on State land without approval or reasonable excuse (in addition, the Firearms Act 1973 [external link], makes it an offence to discharge a firearm on or across public roads);

• driving off-road vehicles (not licensed under the Road Traffic Act 1974 [external link]) such as dune buggies and trail bikes on State land except in those areas specifically set aside for the purpose pursuant to the Act; and

• illegally occupy State land.

All such offences are subject to a penalty of $10,000 plus $200 per day for each day the offence continues after the initial conviction is made.

7. What is State/Crown land?

State/Crown land is defined in the Land Administration Act 1997 as all land, except alienated (freehold) land and includes:

• all land within the limits of the State;

• all marine and other waters within the limits of the State; and 

• all coastal waters of the State (seaward to three nautical miles) including the seabed and all islands.

Around 93 per cent of the State’s area of 2,527,620km2 (above high water mark) comprises State land; the remaining 7 per cent consists of freehold land.

The major categories of tenure within State land are included below:

Note: Conservation estate, for the purpose of this analysis, comprises national parks, conservation parks, nature reserves and State forests, as defined in the Conservation and Land Management Act 1984. 

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8. What is the difference between State land and Crown land?

“State land” and “Crown land” is the same thing, that is, all Western Australian land that is not freehold land under the control of the Crown/Government.

“State land” is the layman’s term, and is therefore used by the Department for commonplace dealings. However, when we are communicating legislation or policy information we use the legal reference of “Crown land’ as referred to in the governing legislation, the Land Administration Act 1997.

9. Where can I find a glossary of terms?

A glossary of terms is available in the Publications section under the Crown land administration and registration practice manual.

10. Where can I find information about the Dampier to Bunbury Natural Gas Pipeline (DBNGP) corridor?

Refer to Dampier to Bunbury Natural Gas Pipeline (DBNGP) corridor.

11. Where can I find information on fees and charges?

Refer to the Fees and charges.

12. Where can I find information about pastoral leases?

• Refer to State land practices and procedures - pastoral leases.
• Our dedicated web area on pastoral leases has information on the Pastoral Lands Board and advice on managing you station.

13. Where can I find forms?

Refer to Forms.

14. Who manages fire hazards on State land?

Refer to Environment - Fire hazard control.

15. Who manages weed and vermin control on State land?

Refer to the Environment - Vermin and weed control.