❓ The Minister outlines that there is no formal appeal process for pastoral lessees disagreeing with land excisions, but a negotiation process overseen by a committee exists to reach equitable outcomes. If no resolution is found within two years, the original exclusion applies.
AnsweredQoN 544Legislative Council
QuestionView source ↗
Will the Minister outline the appeal process available to a pastoral lessee who is unable to reach agreement on the excision of certain areas of land from a pastoral lease?
AnswerView source ↗
Answered
10 April 2003
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
28 days
'If agreement is not reached on the matters referred to in subsection (6f)(c) by the day that is 2 years, or such longer period as may be prescribed, after the day on which the notice was given to the lessee (the “final day”), the lessee is to be regarded as having withdrawn from the agreement to lease or to extend the lease on the final day.' The matters referred to in subsection (6f)(c) are 'the area to be excluded from the lease or the rent to be paid as a result of the exclusion of the land from the lease'. The LAA does not provide for an appeal mechanism. However, guidelines that have been drafted for the conduct of the negotiation process provide that: - negotiations should be conducted in a manner consistent with achieving an agreed outcome; - there are reporting mechanisms for keeping the Pastoral Lands Board informed of progress; - the negotiation process will be overseen by an Exclusion Negotiations Steering Committee (ENSC) to ensure that appropriate options are explored, and that outcomes are equitable. The Committee will be responsible for advising the Hon Minister for Planning and Infrastructure (as the Minister for Lands) of the progress of the negotiation process, and for making final recommendations for the Minister’s approval; - where the lessee(s) seeking an alteration to a proposed exclusion fails to reach agreement with the acquiring authority or there is a stalemate in the negotiations, the acquiring authority will advise the ENSC. The ENSC will consider the matter and provide advice to the Minister for Lands on any possible means of resolution of this situation with a view to concluding negotiations within the two year negotiating period. If the Minister subsequently determines that no resolution is possible, and no extension for negotiations is warranted at the end of the two year negotiating period, the original exclusion as notified to the lessee(s) in 2002, will apply.
The LAA does not provide for an appeal mechanism. However, guidelines that have been drafted for the conduct of the negotiation process provide that: - negotiations should be conducted in a manner consistent with achieving an agreed outcome; - there are reporting mechanisms for keeping the Pastoral Lands Board informed of progress; - the negotiation process will be overseen by an Exclusion Negotiations Steering Committee (ENSC) to ensure that appropriate options are explored, and that outcomes are equitable. The Committee will be responsible for advising the Hon Minister for Planning and Infrastructure (as the Minister for Lands) of the progress of the negotiation process, and for making final recommendations for the Minister’s approval; - where the lessee(s) seeking an alteration to a proposed exclusion fails to reach agreement with the acquiring authority or there is a stalemate in the negotiations, the acquiring authority will advise the ENSC. The ENSC will consider the matter and provide advice to the Minister for Lands on any possible means of resolution of this situation with a view to concluding negotiations within the two year negotiating period. If the Minister subsequently determines that no resolution is possible, and no extension for negotiations is warranted at the end of the two year negotiating period, the original exclusion as notified to the lessee(s) in 2002, will apply.
The LAA does not provide for an appeal mechanism. However, guidelines that have been drafted for the conduct of the negotiation process provide that: - negotiations should be conducted in a manner consistent with achieving an agreed outcome; - there are reporting mechanisms for keeping the Pastoral Lands Board informed of progress; - the negotiation process will be overseen by an Exclusion Negotiations Steering Committee (ENSC) to ensure that appropriate options are explored, and that outcomes are equitable. The Committee will be responsible for advising the Hon Minister for Planning and Infrastructure (as the Minister for Lands) of the progress of the negotiation process, and for making final recommendations for the Minister’s approval; - where the lessee(s) seeking an alteration to a proposed exclusion fails to reach agreement with the acquiring authority or there is a stalemate in the negotiations, the acquiring authority will advise the ENSC. The ENSC will consider the matter and provide advice to the Minister for Lands on any possible means of resolution of this situation with a view to concluding negotiations within the two year negotiating period. If the Minister subsequently determines that no resolution is possible, and no extension for negotiations is warranted at the end of the two year negotiating period, the original exclusion as notified to the lessee(s) in 2002, will apply.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.