access to pastural leases

Submitted: Sunday, Jun 29, 2003 at 11:37
ThreadID: 5721 Views:1595 Replies:4 FollowUps:2
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Does any one know the rules that apply to public access to pastural leases? Is it up to the holder of the lease who can travel through the lease or don't they have a say? Also if the lease backs onto a beach, can the holder of the lease stop access to the beach through his lease?
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Reply By: Member - Willem- Sunday, Jun 29, 2003 at 13:10

Sunday, Jun 29, 2003 at 13:10
As far as I am aware all the States have different legislation covering Pastoral Leases. In general however it is considered the done thing to ask permission from a pastoral lessee to access his/her property unless the road is a Gazetted Road which gives public access or thoroughfare. Normally there should be beach access if no other beach access is available closeby. As far as I know there is a Commonwealth Maritime Law stating that the area between High Water Mark and Low Water Mark is NO MANS LAND. Unless ofcourse this area adjoining the property has been excised through one or other Act of Parliament.

Your best bet is to search the internet using Google for the various Acts which cover this legislationCheers, Willem
Never a dull moment
AnswerID: 23766

Follow Up By: Old Soldier - Sunday, Jun 29, 2003 at 19:03

Sunday, Jun 29, 2003 at 19:03
G'day Willem,

Welcom back mate - hope everything worked out OK.

I was always under the understanding that in Australia, anything below the high water mark was under the jurisdiction of the appropriate Marine Authority relative to the State you were in.

There was no such thing as No Mans Land.

I was also led to believe that also meant that whoever owned the land above the HW mark could not stop you from landing below the HW mark, and doing whatever you liked [within legal boundaries of course :) :) ]

enjoy the bush

DennisN.

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FollowupID: 15922

Follow Up By: Member - Willem- Monday, Jun 30, 2003 at 12:00

Monday, Jun 30, 2003 at 12:00
G'day Dennis,

In the land of swelter(NT) a loooong time ago I spent my youth sleeping on the beach as there was very little under cover accommodation to be had. On many a night the cops used to come down to the beach to harrass us. We would get up with our gear and go and stand in the shallows of the water and the law could not touch us from the land. This was then known colloquially as NO MANS LAND. Whether it was so in reality is unknown. Most likely there was a marine law covering the movement of the tide against the beach. The cops played this game for a while but then tired of it and left us to our own devices. Basically they only came down to the beach when the wafting aroma of marijuana or hashish reached plague proportions. Oh what an idyllic life it was!! Pity we grew up to become what we are today.:-)))Cheers, Willem
Never a dull moment
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FollowupID: 15981

Reply By: desert - Sunday, Jun 29, 2003 at 20:28

Sunday, Jun 29, 2003 at 20:28
The holder of a pastoral lease can refuse you permission to enter if he wishes. But he does have to have a valid excuse, like stock mustering or dangerous conditions etc. Your obligation is to seek permission before entering the said property. Your only course of action is to bring the matter to the attention of the Pastoral control board, if repeated denial of access is on-going.
AnswerID: 23786

Reply By: Member - Wherethehellawi - Tuesday, Jul 01, 2003 at 17:13

Tuesday, Jul 01, 2003 at 17:13
this site (SA Gov) gives access conditions to patoral leases in SA

http://www.saafwdc.asn.au/pastoral/pastoral.htm

(sorry I couldnt get it to work as a hyperlink)

Richard
AnswerID: 23967

Reply By: peck - Wednesday, Jul 02, 2003 at 17:55

Wednesday, Jul 02, 2003 at 17:55
Wife and I recently had an interesting time travelling from Mootwingee ... whoops sorry, Mutawintji N. P. to Packsaddle Roadhouse via Marrapina Station. Road is shown on maps but about 40 ks in from the turn off we came across a gate with sign saying "Private Road" etc.. As road was on map and knowing what some of these cockies are like we blazed on anyway. After passing homestead road looked like it hadn't seen a car in 10 years. We managed to find our way thru and inquired at Packsaddle re access to the road and was told it was a public road and "she" (lease holder presumably) had no right to restrict access. In fact was told any made road on leased property is public road and lease holders could not prevent use by private citizens.
AnswerID: 24047

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