❓ A WA parliamentary question on notice regarding stock routes, river access, and road closures affecting public access to coastal areas near Port Hedland. The Minister commits to working with stakeholders to find a suitable access arrangement.
AnsweredQoN 1414Legislative Assembly
QuestionView source ↗
(1) Is there an extant stock route that crosses the Munda and Boodarie pastoral leases?
(2) What are the conditions that govern or regulate the use of a stock route?
(3) Is there any statutory provision that entitles the holders of pastoral leases to fence off a river course from public access?
(4) Is there any statutory provision to prevent members of the public using a river course that flows through adjacent lands that are leased for pastoral purposes?
(5) What is the evidence available to suggest that a government department or agency has taken steps to remove the “open public road” status of some sections of the old Whim Creek Road?
(6) When and how were the public advised of this changed status to these sections of the old Whim Creek Road?
(7) Will the Minister for Lands take the necessary steps, on his own volition, under the
Land Administration Act 1997
to create a public access route that will enable the people of the Town of Port Hedland to maintain unhindered access to the coastal and river systems to the south west of their town, in particular to access Munda Beach and the mouth of the Turner River?
(2) What are the conditions that govern or regulate the use of a stock route?
(3) Is there any statutory provision that entitles the holders of pastoral leases to fence off a river course from public access?
(4) Is there any statutory provision to prevent members of the public using a river course that flows through adjacent lands that are leased for pastoral purposes?
(5) What is the evidence available to suggest that a government department or agency has taken steps to remove the “open public road” status of some sections of the old Whim Creek Road?
(6) When and how were the public advised of this changed status to these sections of the old Whim Creek Road?
(7) Will the Minister for Lands take the necessary steps, on his own volition, under the
Land Administration Act 1997
to create a public access route that will enable the people of the Town of Port Hedland to maintain unhindered access to the coastal and river systems to the south west of their town, in particular to access Munda Beach and the mouth of the Turner River?
AnswerView source ↗
Answered
22 September 2009
Responded by
Minister for Lands
Response time
34 days
(1) Yes
(2) The reserve purpose governs the use of the stock route. The management of the reserve is the responsibility of the management body but generally:
the public can travel along stock routes; and
cattle and other animals generally graze on stock routes.
(3) No, however the pastoral lessee may choose to fence out a river as part of the operation and mamagement of stock on the pastoral lease.
(4) Not in the
Land Administration Act 1997
(LAA). If a river is included in the pastoral lease, the lessee has the right ot quiet enjoyment of his lease.
(5) and (6) Attachment A (which I now Table) provides details of two actions to close portions of Whim Creek Road and the current status of the road.
In 1988 the then Shire of Port Hedland requested closure of a small portion of the road shown blue on the plans in Attachment A. In requesting closure of the portion of road the Shire of Port Hedland confirmed it had complied with the requirements of the
Local Government Act 1960
which included a requirement for public advertising. There were no objections received to the closure.
In 2007 the Town of Port Hedland made a further request to close another portion of the road (shown purple on the plan) following compliance withthe requirements of the LAA including public advertising. Again there were no objections received to the proposed closure.
The portion of road covered by the second request has not been closed as this will not be processed until further detailed planning associated with the Boodarie Industrial Estate has been finalised.
(7) The Department of Regional Development and Lands will work with the Town of Port Hedland and all stakeholders to try and negotiate an access arrangement that will suit all stakeholders interests. I will consider all options once the outcome of the these negotiations has been completed.
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(2) The reserve purpose governs the use of the stock route. The management of the reserve is the responsibility of the management body but generally:
the public can travel along stock routes; and
cattle and other animals generally graze on stock routes.
(3) No, however the pastoral lessee may choose to fence out a river as part of the operation and mamagement of stock on the pastoral lease.
(4) Not in the
Land Administration Act 1997
(LAA). If a river is included in the pastoral lease, the lessee has the right ot quiet enjoyment of his lease.
(5) and (6) Attachment A (which I now Table) provides details of two actions to close portions of Whim Creek Road and the current status of the road.
In 1988 the then Shire of Port Hedland requested closure of a small portion of the road shown blue on the plans in Attachment A. In requesting closure of the portion of road the Shire of Port Hedland confirmed it had complied with the requirements of the
Local Government Act 1960
which included a requirement for public advertising. There were no objections received to the closure.
In 2007 the Town of Port Hedland made a further request to close another portion of the road (shown purple on the plan) following compliance withthe requirements of the LAA including public advertising. Again there were no objections received to the proposed closure.
The portion of road covered by the second request has not been closed as this will not be processed until further detailed planning associated with the Boodarie Industrial Estate has been finalised.
(7) The Department of Regional Development and Lands will work with the Town of Port Hedland and all stakeholders to try and negotiate an access arrangement that will suit all stakeholders interests. I will consider all options once the outcome of the these negotiations has been completed.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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