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
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