Pastoral Lease Renewal
All Western Australian pastoral leases are due to expire in 2015. Here you’ll find out about pastoral lease renewal conditions, how to prepare your renewal, frequently asked questions (FAQs) and what we are doing to help you.
All pastoral leases in Western Australia are due to expire on 30 June 2015.
The Minister for Lands previously offered renewal for all but a few of the leases, with the new term to be the same as the current lease and in accordance with the provisions of the
Land Administration Act 1997 (WA) .
The expiry of the leases in 2015 is seen as an appropriate time to negotiate exclusions from pastoral leases of key areas of land identified for public purposes. Those leases affected by exclusion areas were advised in April 2005.
What are we doing to facilitate 2015 pastoral lease renewals?
We have established a 2015 Pastoral Lease Renewals Project Team. The primary focus of the Project Team is to facilitate the registration of new leases on 1 July 2015.
The scope of the project includes:
- Undertaking action to finalise “early exclusions”, that is, those areas identified and agreed upon for exclusion prior to 2015. This includes ensuring the completion of new deposited plans
- Ensuring that the identified and agreed exclusions to occur in 2015 and the necessary deposited plans are ready for simultaneous lodgement with the new lease documents on 1 July 2015
- Facilitating the preparation and distribution of a draft new lease document for discussion with the industry. This will be a modern lease document, quite different from the 1965 format
- Developing a compliance program to assist lessees meet the conditions required by the Minister for Lands for renewal of leases on 1 July 2015
- Developing and implementing a communication plan with a view to keeping lessees and industry stakeholders informed of matters such as timelines, processes and also project milestones.
Pastoral lease renewal conditions
The offer of lease renewal in 2015 was, and remains, subject to the following conditions:
- Compliance with lease conditions, including stocking requirements and maintenance of infrastructure, at the time of expiry on 30 June 2015
- There being no Soil Conservation Notices or other orders by the Commissioner of Soil and Land Conservation in force (refer to the Department of Agriculture and Food website for more information)
- There being no unfulfilled requirements of the Commissioner of Soil and Land Conservation and/or the Pastoral Lands Board in relation to the observance of lease conditions under the Soil and Land Conservation Act 1945 (WA) and the Land Administration Act 1997 (WA)
- The exclusion of areas from the existing lease that may be required for public works, conservation, national park, nature reserve or other State purposes
- The annual lease rental for the lease up to 30 June 2015 will apply to the renewed lease. The rental review period for the renewed lease will continue to apply every five years in accordance with Section 123(4) of the Land Administration Act 1997 (WA). The first rent review for the renewed lease will be on 1 July 2019.
Two information sheets have been prepared to assist lessees understand and fulfil the conditions of the Minister's offer to renew. To view the sheets, click on the links below:
How to prepare for your pastoral lease renewal
Step 1: Locate your Duplicate lease
The Duplicate lease will be required for both exclusions and the 2015 renewal process. If you are unable to locate your Duplicate lease please contact the Pastoral Lease Renewals Project Team us as soon as possible to discuss the process required to be undertaken to satisfy Landgate’s registration requirements.
Step 2: Talk to any third party interest holders
Please establish contact with any third party interest holders (e.g.: Mortgagor, Caveator and/or Sub-lessees). These parties are identified on the Pastoral Lease document and/or the Crown Land Title. This will enable discussion about third party interests post 30 June 2015 in the context of the 2015 Pastoral Lease Renewal Project. For any queries, please do not hesitate to contact the Pastoral Lease Renewals Project Team.
Step 3: Check the Minister for Lands lease renewal offer conditions
If you have any concerns about being able to comply with the conditions of the offer please contact the Pastoral Lease Renewals Project Team for assistance.
More information and frequently asked questions
What happens to my pastoral lease in 2015?
The Minister for Lands has previously offered renewal, subject to conditions, for all but a few of the leases. The new term will be the same as the current lease.
I’m considering selling my station—what should I tell potential purchasers about the 2015 lease renewal?
Pastoral lessees are required to apply for ‘Permission to Sell’ prior to placing a lease on the market. As a condition of the Permission to Sell approval letter you are required to provide potential purchasers with a copy of the letter and any associated documentation.
Prior to the transfer of a pastoral lease, the incoming lessee is required to advise in writing that they acknowledge the stated term of the pastoral lease from 1 July 2015, and also any conditions in the Permission to Sell letter.
How does an early exclusion affect my current pastoral lease?
The agreed area will be surrendered from your pastoral lease and managed as per the agreement until tenure is resolved. The area of your pastoral lease is reduced accordingly and any encumbrances transferred to the new balance. Your annual pastoral lease rent is then adjusted accordingly to reflect this lease area reduction.
When will the early exclusions take place?
The aim is to finalise early exclusions before 31 December 2013.
What about compensation for improvements?
For agreed exclusions undertaken in 2015, compensation will be paid by the acquiring agency for any “lawful improvements” on the land as valued by the Valuer General at the time.
I’m considering selling my station—what should I tell prospective purchasers about the 2015 exclusions?
Pastoral lessees are required to apply for ‘Permission to Sell’ prior to placing a lease on the market. As a condition of the Permission to Sell approval letter you are required to provide potential purchasers with a copy of the letter and any associated documentation.
Prior to the transfer of a pastoral lease, the incoming lessee is required to advise in writing that they acknowledge there is an exclusion area that will not be renewed beyond 30 June 2015.
I’m considering buying a station—how will I know if there are going to be exclusions?
An exclusion is noted in the Permission to Sell approval letter and associated documentation is included. This is to be passed on to potential purchasers by the current lessee prior to lease sale. It is important to note that decisions made or agreements negotiated in respect to exclusions are binding on future lessees.
What happens from 1 July 2015 onwards?
After 2015 pastoral leases will expire according to their conditions and current terms.
By way of example, a pastoral lease with a term of 45 years and 3 months up to 30 June 2015, will next expire on 30 September 2060.
Section 140 of the Land Administration Act 1997 specifies that at 10 years before lease expiry, the pastoral lessee has 12 months prior to this date to apply in writing to the Minister for Lands requesting an offer of renewal of that lease. For example, if the lease ends on 30 September 2060, then the lessee may write to the Minister for Lands from 1 October 2049 to 30 September 2050 to request renewal of the lease.
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