PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 45

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 45

45—Establishment of public access routes and stock routes

        (1)         A public access route is a route dedicated as a public access route pursuant to this section.

        (2)         A stock route is a route—

            (a)         delineated as a stock route on a prescribed plan; or

            (b)         dedicated as a stock route pursuant to this section.

        (3)         The Board may, by notice in the Gazette—

            (a)         dedicate delineated routes over pastoral land as public access routes or stock routes, or both; or

            (b)         vary or revoke a notice under this section.

        (4)         A map in a notice published under this section must also show all public roads that cross the pastoral land, and all stock routes delineated on a prescribed plan that cross the land.

        (5)         A notice must not be published under this section unless—

            (a)         the proposal to be implemented by the notice has been published in a newspaper circulating generally in the State inviting members of the public to comment on the proposal within a specified period of not less than three months; and

            (b)         the Board has considered any such comments; and

            (c)         the Board has consulted with—

                  (i)         all pastoral lessees affected by the proposal; and

                  (ii)         the regional landscape board for the region within which the public access route or stock route lies; and

                  (iii)         such organisations as the Board believes have an interest in the matter.

        (6)         Subsection (5) does not apply in relation to the temporary closure of a public access route or stock route, or any part of such a route, pursuant to subsection (7).

        (7)         On being satisfied, on the application of a lessee, that it is necessary to do so for the purposes of the safety of the public, the management of stock or the carrying out of rehabilitative work on land adjacent to the route, the Board may, by notice in the Gazette, temporarily close a public access route or a stock route, or a part of such a route and, for that purpose, may require the lessee to erect such signs or barriers as the Board thinks fit for the purpose of warning the public of the closure.

        (8)         If a public access route or a stock route as delineated on a prescribed plan or on a map published under this section differs from the route as it exists on the ground or as marked out on the ground, the latter prevails.

        (9)         On a public access route or stock route being established—

            (a)         the lessee's rights under the pastoral lease over the land comprising the route cease; and

            (b)         the care, control and management of the route is vested in the Minister,

but the Minister is not thereby obliged to maintain any such route.

        (10)         However, the Minister may, if of the opinion that an access route has suffered considerable damage as a result of it being used by members of the public, contribute towards the repair or maintenance of the route.

        (11)         A lessee of pastoral land over which a public access route or stock route is established is not obliged and cannot be required to keep stock off the route, and may use the route for the purposes of droving stock.

        (12)         The lessee of pastoral land over which a public access route or stock route is established is not entitled to compensation for any reduction in the value of the lease resulting from establishment of the route, but any such reduction in value will be taken into account when the lease is next revalued for the purposes of rent determination.