Thanks for making that clear Eric
Of course I am not suggesting that any one should turn up to any
landholder demanding access while quoting "it's a lease and therefore
access is legal for whatever reason". Such a suggestion also makes me
cringe. If anyone or an association etc. with the time and inclination
wishes to make representation to Government about formal access to
birding sites on SA Pastoral leases generally, I have written this
information so there are some known facts about the topic.
Regards
Ian May
------------------------------------------------------------------------
Greetings Birds Ozers,
While I think it's legitimate to know your rights in relation to public interest, access to leasehold lands, etc, I don't think entertaining the idea of using public right to gain access is a good idea in this instance. It doesn't sound like the landholder is anti-bird, or even strongly anti-birdo. There seems to be no immediate need for strong conservation efforts for CBWFs. Accessing the land and using public right as your welcome mat is extremely adversarial and is likely to get landholders way off side. Far better to attempt gentle persuasion and a love of the birds, (which already seems to be in place), and if that fails, live a little and go and find them somewhere else. I regularly work on leasehold properties and the idea of having someone go before me who has explained to the landholder that it's a lease and therefore access is legal for whatever reason makes me cringe.
Going back to the original post on this topic, the fences that will require
mending will be 5 strand, barbed, electrified etc. If the landholder has said
he'd like visitors to call 2 weeks in advance, well, you know what to do.
Cheers,
Eric
On 26/08/2013, at 12:22 PM, "Ian May" <> wrote:
Hello again
Having been contacted to provide some more explanation about this subject, the most
relevant information in the <>South Australia Pastoral Land Management and
Conservation Act 1989 Act relating to rights of Public Access are to be found in;
See
http://www.legislation.sa.gov.au/LZ/C/A/Pastoral%20Land%20Management%20and%20Conservation%20Act%201989.aspx
Part 2
4 Objects & Duties
(e) to provide the community with a system of access to and through pastoral
land that finds a proper balance between the interests of the pastoral industry
and the interests of the community in enjoying the unique environment of the
land.
Division 1--Public access routes and stock routes <#Elkera_Print_BK62>
45 Establishment of public access routes and stock routes
<#idb51f7ab6_acb5_4f3c_8747_1bf6321fe192>
Division 3--Public access <#Elkera_Print_BK71>
48 Right to travel across and camp on pastoral land
<#ida331b81b_d9a5_4194_8ad5_a3102be5d22e>
48 (2) Subject to this Act and to the terms (if any) of an ILUA relating
to public access and activities on the land in force in relation to the land, a
person may, on giving oral or written notice to the lessee, travel across
pastoral land (otherwise than on a public access route) by any means other than
a motor vehicle, a horse or a camel and, in the course of so traveling, camp
temporarily on the land.
48B Trespassers on pastoral land the subject of an ILUA
<#Elkera_Print_BK77>
49 Public access not to be obstructed <#Elkera_Print_BK78>
Other relevant info is
Part 1
3 Interpretation
Authorised officer means--
(a) a police officer; or
(b) a person appointed by the Minister as an authorised officer for the
purposes of this Act;
ILUA means an indigenous land use agreement registered under Part 2 Division 3
of the Native Title Act 1993 of the Commonwealth, the parties to which must
include, but are not limited to, the Crown, a lessee of pastoral land and a
native title group;
Motor vehicle means any vehicle capable of being driven or ridden
that is propelled by means of an engine;
The main point is that Sec 48 (2) makes it clear that it is legal to walk and
camp (subject to conditions) into a South Australian Pastoral lease by giving
verbal or written notice to the lessee.
My memory of the term Camping temporarily is regarded as up to two weeks but
must not be closer than 500 meters of active stock watering points or within
1000 meters of the homestead or outstations etc.
Now I don't want to open a can of worms here but it is important to know that under the
Objects of the Act, "the interests of the community in enjoying the unique
environment of the land" is provided for and should not be forgotten in this debate.
Regards
Ian May
Ian May wrote:
There are other longer term options when the public is denied access to a
pastoral lease for what many would reasonably consider a legitimate low impact
purpose such as bird watching.
Option 1. Direct permission request to the Minister. Under the SA Pastoral
Act it is possible for the Minister to allow access to a pastoral lease.
Perhaps the ornithological societies should be pursuing this option for their
members.
Option 2. Lobby the Minister to declare the access track to the site a Public
Access Route (PAR). There is management system prescribed under the act to
provide precisely for this
Option 3 Lobby to have an area declared a Regional Reserve under the NPW
Act. This would allow for managed access to the area and could provide for
managed camping too
It should be remembered that pastoral lease is not freehold land, it is crown
land and a pastoral lease is issued under the SA Pastoral Act primarily for the
lessee rights to use the land for managed pastoral purposes. ( see
http://www.legislation.sa.gov.au/LZ/C/A/Pastoral%20Land%20Management%20and%20Conservation%20Act%201989.aspx
)
Access and camping rights is reasonably required for this site only for an area
of about 2 square km extending to no more than about 1 km north from the main
road. Unless the regulations have changed recently it should be understood
that it is legal to walk into a pastoral lease. My memory of the Act requires
that permission must be sought from the landholder to drive a motor vehicle
into the lease area, but not required for a member of the public to walk into
the area on foot
Regards
Ian May
John Leonard wrote:
I can understand birders' frustration, especially as you would expect that
the common sense view of of 'everything at your own risk' to apply here.
But surely there must be other sites where the CBWF can be found?
John Leonard
On 23 August 2013 15:09, Bob and Trish <> wrote:
Further to Nick's posting below, I met Ian Lawton, the new owner of Mount
Lyndhurst Station, at his front gate on Wednesday, 21/8. He is working hard
to improve the property and encourage birds. However the situation with
regard access for birders is quite clear. Birders are now not permitted
anywhere on Mount Lyndhurst Station, including the famous Chestnut-breasted
Whiteface rusty-car-site. The reason is simple - the new owners have very
clear legal advice - "to avoid the potential for getting sued if someone
gets injured while on the property - the owner must not give permission".
The owner was happy for me to post such information.
This is what I was told; legal experts may like to offer advice as to
options (eg there are currently University visitors on site "as they have
their own liability insurance"). To me, it seems access to some key sites
in Oz is developing into a major problem. I recall the following being
discussed on birding-aus - no access:
. APY lands to see Princess Parrots
. Price Saltfields in SA and now
. Chestnut-breasted Whiteface rusty-car-site
On a positive note, Mount Lyndhurst Station has received "5ins" of rain in
the last few months - the countryside looks much better that when I saw it
in severe drought a few years ago and hopefully the Chestnut-breasted
Whiteface are doing well.
Bob Sothman
Adelaide
-----Original Message-----
From:
On Behalf Of Nick
Leseberg
Sent: Tuesday, 23 July 2013 11:13 AM
To: Birding-aus
Subject: [Birding-Aus] Mount Lyndhurst Station Contact Details
Hi All,
I am not sure whether there has been a post on this already in 2013, but a
quick search of the archives didn't find anything so I thought I should
provide an update.
I visited Mt Lyndhurst Station on 16/17 Jul and prior to arriving used the
most recent contact details I could find (0417 824 879 or 08 8757 4061)
which got me through to 'Bill'. He said he was no longer the contact person
for access and gave me a new phone number, 08 8675 7796. This number got me
through to the actual station and Ian Lawton, who along with Paul Cleland
is
one of the station owners. I am not sure of the complete background, but
Ian
made it clear he was not happy about previous access arrangements. However,
he did grant me permission to access the property and also to camp (I
camped
near the rusty car). Ian stressed that it was a working pastoral station,
and that he couldn't have birders just wandering around the property. He
said he was happy to grant access, and also happy for me to provide these
new contact details on birding-aus, but would like birders to contact the
station prior to arrival, preferably providing 2 weeks notice.
Reading between the lines, it would seem that as a community we birders
have
some 'fences to mend' with this relationship, so please ensure that we or
anyone we know who is visiting the area contacts the station before
attempting to access the two sites on Mount Lyndhurst - permission should
not be assumed, in spite of the site's popularity.
Regards and good birding!
Nick
===============================
To unsubscribe from this mailing list,
send the message:
unsubscribe
(in the body of the message, with no Subject line)
to:
http://birding-aus.org
===============================
===============================
To unsubscribe from this mailing list,
send the message:
unsubscribe
(in the body of the message, with no Subject line)
to:
http://birding-aus.org
===============================
===============================
To unsubscribe from this mailing list,
send the message:
unsubscribe
(in the body of the message, with no Subject line)
to:
http://birding-aus.org
===============================
===============================
To unsubscribe from this mailing list,
send the message:
unsubscribe
(in the body of the message, with no Subject line)
to:
http://birding-aus.org
===============================
|
