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The information contained in this fact sheet is current as at 18 October 2006.

Topic 2 - Planning and Development

2.1 NSW Planning and Assessment Law

2.1.7. Western Lands

This section outlines the laws that apply to land management in the Western Division of New South Wales. It is important to note than many of the State laws relating to environmental planning and development do not apply to land in a substantial part of the Western Division. This is because most of the areas outside of the major towns are not incorporated into Local Government Areas.

This section focuses on the provisions of the Western Lands Act 1901 that deal with leases of Crown land in the Western Division, the management, use and development of Western Lands, public roads and access and native title.

For information about integrated natural resource management, clearing of native vegetation, the clearing of vegetation on protected land and impacts on water quality and river health, see Section 4 – Natural Resources.

What are Western Lands?

Western Lands are those lands within the Western Division of New South Wales. The Western Division covers approximately 32,500,000 hectares of land, being land lying to the west of Colleranebri, Walgett, Coolabah, Cobar, Condolbolin, Hillston and Balranald.

This area effectively covers the Darling Riverine Plains, the Riverina and the Murray Darling Depression bioregions. Over 42% of New South Wales lies within the Western Division.

Land in the Western Division is mainly Crown land held under lease, whereas land in the Central and Eastern Divisions is primarily freehold. There are approximately 1,700 perpetual leases for Western Lands and over 52,000 people live in the Western Division.

Application of Planning Laws to Western Lands

Most areas of the Western Division, except for the larger towns, are not subject to local council zoning and land-use provisions because they are not incorporated as Local Government Areas. Instead of applications for development or land use being made to a local council or the Department of Natural Resources, an application for the construction of buildings on leasehold land must be made to the Western Lands Commissioner.

All activities on Western Lands are governed almost exclusively by the terms of the leases which are granted to the occupiers of land within the Western Division. These leases set out the types of agricultural purposes which are allowed on particular parcels of land (for example, type of cultivation, stock levels, removal of vegetation or timber). Any clearing of land must be done in accordance with the Native Vegetation Act 2003.

Commonwealth environmental laws, such as the Environment Protection and Biodiversity Conservation Act 1999 apply to land in the Western Division.

Cultivation Permits

Lessees who hold grazing or other leases (but not leases for agriculture, combined grazing and agriculture, or mixed farming) who wish to cultivate their land will also require a cultivation permit from the Western Lands Commissioner. The Commissioner has broad powers to suspend or revoke a consent to cultivate, particularly where a consent has been breached. A refusal, condition, suspension or revocation of a cultivation permit may be appealed to the Land and Environment Court.

Western Lands are managed by the Department of Natural Resources (DNR). However, many issues that affect Western Lands also interact with the Department of Primary Industries (DPI) and Department of Environment and Climate Change (DECC). The Western Land Commissioner is responsible for the administration of the Western Lands Act, subject to the direction and control of the Minister for Natural Resources.

The Western Lands Advisory Council advises the Minister on the management of Western Lands, having regard to the implementation of ongoing reforms to the tenure and leasing systems for that area. The Council comprises fourteen members representing groups that have an interest in the Western Division.

The functions of the Council are to advise the Minister on matters relevant to the objects of the Western Lands Act, to advise the Minister on matters affecting the administration of the Division and to consult with bodies and persons having an interest in the administration of the Division.

The Council has express powers to establish administrative districts within the Division and appoint Local Land Boards for each district. The Local Land Boards have powers to hear and determine matters arising from the Western Lands Act in an open court forum.

Examples of these matters include: claims in relation to fencing, disputes in relation to easements and determination of rents for leasehold land.

Disposal of Crown Lands

The Minister may dispose of Crown land in the Western Division either by the grant of a lease in perpetuity, or a lease for a term not exceeding forty years. These leases may be granted for a range of purposes, including: grazing, agriculture, agriculture and grazing combined or mixed farming.

The term of a lease may be extended from time to time upon application to the Minister. In circumstances where land which is the subject of a lease is not being used or occupied in good faith, or conditions of a lease have not been complied with, the lease is liable to be forfeited. A leaseholder may also surrender the whole or any part of a lease to the Minister.

Since 2002, it has become much easier for the holder of certain leases, such as those for agriculture or mixed farming purposes which were granted before 23 December 1996, to purchase their land. Leaseholders may apply to the Commissioner to purchase the whole or part of the land comprised in the lease. The intent of enabling Western land to be converted to freehold land is to promote the social, economic and environmental interests of the Western Division.

Each application will be assessed on its own merits to ensure the ecological sustainability of the land. Leases for grazing or pastoral purposes are unable to be converted to freehold land as it is considered that such a conversion would not necessarily be in the public interest.

Licences to use leasehold land

In 2002, amendments to the Western Lands Act were introduced to enable more flexibility in land use under Western Lands leases. In the past, the only activities that could be carried out on such land were those agricultural purposes specified in the lease.

Under the new provisions, the Minister may grant a licence to facilitate the location of infrastructure, such as telecommunications facilities or pipelines, on the land or to enable the land to be used for one-off activities such as rallies or gymkhanas. The new provisions also prevent the Minister from selling any land within the Western Division unless the Minister is satisfied that the proposed purchaser is going to use the land for purposes that are ecologically sustainable.

Betterment schemes

The Minister may also enter into what are known as ‘betterment schemes' with owners or lessees of Western Lands. These schemes may provide for the carrying into effect of a scheme with respect to the productivity of the land, conservation, environmental protection or monitoring.

Covenants may be placed on the title to the land specifying the carrying capacity of the land or methods or practices of land use. The benefit of such an arrangement is that the Minister may pay for some of the costs associated with implementing the scheme or provide any necessary loan assistance. If a landholder defaults on such a scheme, any moneys loaned will become due immediately.

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