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Managing the Government Estate - Desired Outcome

Desired Outcome – The administration of Government land supports the economic, environmental and social objectives of the State.

One of DOLA’s main roles has been the administration of Western Australia’s Crown land, which comprises over two million square kilometres, or 93% of the State.

The Land Administration Services (LAS) Branch develops and administers policies and strategies to support the land needs of the Western Australian Government and community.

WA Land Tenure
Area (000's of km2)
%
State forests and timber reserves
21.2
1
Reserves
425.1
16
Unallocated Crown Land (1)
925.7
37
Pastoral leases
898.7
36
Other leases
74.3
3
Private freehold
182.6
7
Total
2527.6
100

 

Tenure Type
Area (000's of km2)
%
Aboriginal reserves
202.80
47
Unmanaged reserves
21.70
6
National parks and conservation reserves
171.80
40
Reserves managed by Local Governments
5.00
2
Other managed reserves
23.70
5
Total
425.00
100

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Public release of Crown Land Administration Practice Manual

Following a review of the processes involved with the administration of the State’s Crown land it was recommended that a Crown Land Administration and Registration Practice Manual be developed. A public release program was scheduled for 2002-2003.

The manual was developed to promote best practice in the administration of Crown land and the conveyancing and registration of Crown land transactions. The manual’s main aim is to provide standards and guidelines to assist staff and customers alike in their dealings with Crown land in Western Australia. The manual also provides a point of reference for the processing of Crown land transactions under the Land Administration Act 1997 (LAA) and the Transfer of Land Act 1893.

The first edition of the Crown Land Administration and Registration Practice Manual was provided to a sample group of Local Government Authorities for testing in February 2003. The Local Governments were requested to use the manual in their everyday dealings with Crown land and provide feedback to Department of Land Administration (DOLA) on the user-friendliness and general effectiveness of the manual. Testing was completed in May and in general, the feedback received from the Local Governments was extremely positive.

Ongoing legislative changes and enhancements to best practice procedures will mean this manual will continually evolve, improve and therefore require updating. As the manual is available in electronic format, customers and staff who access the manual through the branch web page can be assured that they are always working from the most current version.

The publication is the end result of the combined effort of many highly experienced staff within DOLA who have provided advice, verification of current practice and procedures and contributed to the overall content. Internal DOLA staff have been using and providing feedback on this manual since August 2002.

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Integrated Corridor Rights Legislation

The proposal to develop overarching legislation to support the development of service corridors throughout the State was considered in depth by government stakeholders over the year. Given the peculiarities associated with long linear corridors and difficulty in obtaining inter-agency support to the overarching legislation, the Gas Pipeline Sales Steering Committee recommended that the integrated corridor legislation not proceed and that future corridors be created using the provisions of the LAA.

Depending on stakeholder support, amendments to the LAA may be considered in the future to better support the technicalities invovled with the creation of service corridors.

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Land Administration Services (LAS) Business Planning

The LAS Strategic Business Plan was prepared in response to a need to clearly articulate our business objectives and our future strategies for the effective and efficient management and administration of Government land in Western Australia. The plan addresses the short, medium and long term issues and strategies for LAS, and was prepared via consultation with staff and key stakeholders.

As part of the Skills Management Strategy in the Business Plan, significant progress was made in the development of a competency based training program for LAS staff. A specialist stream in Public Land Administration will be included in the Public Services Training Package resulting in formal, national recognition of qualifications. This follows a successful application by the LAS Branch to the Training Accreditation Council of Western Australia to have qualifications in Public Land Administration form Certificate I through to Diploma, inclusive. A national Public Land Administration Consultative Committee has been established to ensure the initiative is progressed and LAS is represented on that committee.

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Review of Public Works Property

The review of the public works properties continued with a view to rationalise the holdings either through disposal or renegotiation of leases.

As part of the rationalisation process, new five-year leases were issued for 29 properties situated in Northbridge.

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Native Title Policy Support

Through its Native Title Unit, DOLA provides specialist technical support on land tenure and native title issues relating to the future act processes under the Native Title Act 1993 (NTA) for major Government projects and matters of strategic State importance. It liaises closely with the Office of Native Title, Department of the Premier and Cabinet, and the Crown Solicitor’s Office. The Unit continued to be directly involved in consultation and negotiation with native title claimants over land matters in accordance with the provisions of the NTA.

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Native Title

DOLA issued notices under the NTA and the Land Administration Act (LAA) covering 61 land proposals subject to either the right to negotiate (seven), the right to object and be consulted (33), or procedural rights for the development of public works (21). These included proposals ranging from light industrial, commercial to community purposes.

DOLA also participated and played a key role in the State Negotiation Team, which negotiated an agreement with three native title claimants for heavy industrial land on the Burrup Peninsula in the Pilbara. Through previous involvement, DOLA had established a sound rapport with the three claimant groups and was able to introduce them to the State Negotiating Team.

Also associated with the Burrup heavy industrial land was an infrastructure corridor which was placed under notice in accordance with the NTA and the LAA. One objection was received and DOLA was successful in having that objection withdrawn.

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Railway Project Team

The Railway Project Team was created in December 1999 to provide specialised expertise and skills to facilitate the disposal of surplus Western Australian Government Commission (WAGRC) land assets in accordance with Treasury requirements. The team currently consists of five team members including a team leader and is funded by WAGRC.

The team provides tenure solutions including land assembly, negotiation, land development and ensures all relevant legislation and regulations are complied with. WAGRC land assets include surplus housing, leased land, development subdivisions and lands identified in the State agreement with respect to the transfer of lands to Australian Western Railways as part of the Rail Freight Act 2000.

In the 2002/2003 financial year the Team facilitated the sale of approximately $5 million of surplus land and property assets.

In 2002 the Railway Project Team won the WAGRC Partnership Award which was presented by the Minister for Planning and infrastructure. The Partnership Award was one of the WAGRC awards for excellence and recognises partnerships that provide an invaluable service to the WAGRC.

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Central Issuing Office

The Survey Co-ordination team is responsible for coordinating all Crown surveys under the LAA on behalf of the Minister for Planning and Infrastructure. The team also provides a consultation role in respect to outsourced survey services, and is provides survey solutions to meet the growing needs of the community in accordance with best practices and value for money principles.

Surveys and graphics are required to define land boundaries to facilitate the registration of documents in compliance with the requirements of the LAA.

The team is the central liaison between Government agencies with respect to survey matters.

In the 2002/2003 financial year the team managed 460 survey contracts to the value of $1.2 million.

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Dampier to Bunbury Natural Gas Pipeline (DBNGP) Corridor

DOLA acquired State corridor rights over a widened 100 metre gas transportation corridor between Dampier and Bullsbrook in August 2002. Under the direction of the Gas Pipeline Sale Steering Committee, DOLA obtained State corridor rights over approximately 180 properties and managed the compensation process for the 50% of properties where compensation had not been agreed to at the time of taking.

The next stage is the acquisition of interests in land for a widened corridor between Kwinana and Bunbury where DOLA will also provide a land acquisition role and deal with outstanding compensation matters following taking of land for State corridor rights.

Work has begun to update the Land Use Guidelines for the DBNGP Corridor, including the issues of third party use and non-gas pipeline related activities. Substantial streamlining of approval processes for works on the Corridor is also likely to be achieved in the near future through a critical process review.

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Crown Land Administrators’ Forum

DOLA representatives attended the third Australasian Crown Land Administrators’ Forum in Newcastle, New South Wales, in May 2003.

The forum was attended by representatives from all States and Territories, and New Zealand, and focused on sharing knowledge and experience on common areas of activity. Each jurisdiction discussed a range of current issues, including commercial leasing of vested reserves by management bodies, coastal planning and management; rural leasehold strategies; bushfire management on Crown land; native title, information systems and processes to support more effective delivery of Crown land administration services; and public land administration packages.

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Pastoral Lands Board

Pastoral leases account for approximately 36 % of Western Australian land. This translates to 527 pastoral leases covering about 95 million hectares and 474 stations.

The graphic below provides a breakdown of pastoral interest groups.

Pastoral Leases Held by Different Interest Groups
%
Mining Companies
10
Individuals
54
Foreign Ownership
3
Other Companies
33
Total
100

The Minister for Lands is responsible for the appointment of members of the Pastoral Lands Board (PLB).

Under section 97(1) of the Land Administration Act 1997, the primary role of the Board is to ensure that pastoral leases are managed in an ecologically sustainable manner and in accordance with lease conditions and relevant legislation. Members of the Board represent pastoral, environmental, ecological, conservation and Aboriginal interests. The Board is required to provide assistance or advice as required by the Minister in relation to the administration of pastoral leases.

DOLA contributes to the activities of the PLB by providing land information expertise to assist the Board’s work, as well as substantial operational support. DOLA also provides the Board with clerical and executive assistance, office accommodation, drafting, conveyancing, information technology, a financial management system for the collection of rents on leases and its land registration system. With the Valuer General’s Office now being part of DOLA, rent assessment is also provided.

Board members who are not employees of Government departments receive a sitting fee of $186 per meeting. The Chairperson receives an honorarium of $56 per hour, up to a maximum of 16 hours per week, for Board business undertaken outside meetings. The Board met ten times in 2002-2003.

Board Membership & Attendance Meetings Attended
Max Cameron (Chairperson) Farmer & Company Director 10/10
Graeme Robertson Director General, Department of Agriculture 7/10
Sandra Eckert Legal Officer and appointee of the Chief Executive Officer, DOLA 8/10
Joe de Pledge Pastoralist, Mandora Station and member of the Pastoralist and Graziers Association 9/10
Susan Bradley Pastoral Station Manager, Theda and Doongan Stations 6/10
Margot Steadman Pastoralist, Wooramel Station 10/10
David Wilcox Consultant in natural resource management, formerly Principal Rangeland Management Officer in the Department of Agriculture 8/10
Kevin Walley Member of Central Agricultural and Pastoral Aboriginal Corporation and Chairperson of the Bundundea Aboriginal Corporation, Belele and Buttah stations 10/10
Charlie Thorn for Graeme Robertson Executive Director, Department of Agriculture and appointee of the Director General, Department of Agriculture 3/10

 

Deputy Members
Tim D'Arcy for Mr de Pledge
3 meetings
Lindsay Lockyer for Mr Walley
Adrian Morrissey for Mrs Steadman
2 meetings
Agnes Forrestor for Mrs Bradley
Denise True for Mr Wilcox
3 meetings

Board Membership as of 1 May 2003:

Alan Robson (Chairperson)
Graeme Robertson
Sandra Eckert
Susan Bradley
Adrian Morrissey
Margot Steadman
David Wilcox
Kevin Walley

Deputy Board Members as of 1 May 2003:

Jamie (Jack) Burton
Ann Coppin
Tony McPherson
Denise True
Robert Watson

In 2002-2003, two major strategic projects were implemented:

The groups have now completed their final reports and recommendations to The Minister for Planning and Infrastructure for presentation at ‘The Carnarvon Muster’.

The following approvals were granted in 2002-2003:

Permission to sell
27
Permission to transfer
20
Permits
12
Permission to sub-lease
2
Permission to de-stock
1
Permission to establish a domestic goat grazing enterprise
1
Default notices issued
79
(79 notices issued for non-compliance with Livestock and improvement declarations.)

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Strategic Planning for the Pastoral Lands Board

The PLB Executive Unit has been preparing to transfer to the Department for Planning and Infrastructure on 1 July 2003. The Board’s business plan is now being developed in line with its role in the new organisational structure and with the outcomes of the industry consultation process formalised by the Working Groups.

A Project and Compliance Officer has been appointed and equipped for field work. The Officer’s role will be to investigate specific lease management issues; provide advice to the Board and other stakeholders on pastoral and rangeland issues; and assist in the development of policies to help secure the sustainable future of the pastoral industry.

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Regional overview

Kimberley

The Kimberley Team negotiated agreement with the Kimberley Land Council for the provision of land in Broome for an Aged Care facility. The team also continues to assist the Office of Native Title with its negotiations in Broome in relation to the Rubibi native title claim.

The Team is working to produce a residential, commercial and light industrial land package to meet future development requirements at Fitzroy Crossing. A similar exercise is also being undertaken by the Team for the provision of residential and light industrial land in Halls Creek.

An expression of interest was released calling for the development of tourist facilities at Lake Argyle. The leasing of land at Lake Argyle for land-based aquaculture is also being progressed by the Team.

The Team continues to be actively involved in the East Kimberley, in extensive negotiations with the Kimberley Land Council and traditional land owners to progress the release of land for residential, light industrial, commercial, agricultural and horticultural developments. Work continues with the Office of Major Projects on the Ord Stage 2 proposal to increase horticultural land throughout the East Kimberley into the Northern Territory.

The Team continues to be actively involved with Management and Community Groups in progressing land development initiatives throughout the region.

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Mid-West

The Team has been heavily involved in progressing the provision of a major transport corridor joining Geraldton’s industrial area to the port via a southern route, enabling the railway to be removed from the foreshore. Work continued on land assembly for the Geraldton foreshore redevelopment. This is a long-term project that will involve contributions from the Team, other Government agencies and the City of Geraldton for some years to come. The foreshore redevelopment is linked to the southern transport corridor and the deepening of the Geraldton Port.

The development of Indian Ocean Drive along the coast between Lancelin and Cervantes is a major land assembly project involving a partnership between DOLA and the Department of Defence. Land assembly tasks for this project are nearing completion with final ‘A’ Class reserve amendments scheduled for completion in early 2003/2004.

Work continued on land rationalisation in the Shires of Dandaragan, Coorow, Carnamah and Irwin following the removal of recreational squatter shacks from those Shires.

The release of residential and industrial land in areas of high demand in the Mid-West region including Kalbarri, Ledge Point, Cervantes, Jurien and Merredin continues.

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Metropolitan

The Metropolitan Regional Team provided assistance on a range of Government land projects over the year including the finalisation of the Jervoise Bay land assembly project to provide land for an industrial estate and land assembly work at Port Catherine. A complex land exchange proposal for the Perth Airport was progressed and an agreement for the rationalisation of land on the Heathcoate Hospital site was reached.

New procedures were developed for the closure and disposal of pedestrian access ways throughout the metropolitan area and the Team met with all the metropolitan Local Government authorities to explain the new procedural guidelines.

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South-West

To assist with the construction of the new Harvey Dam, the Team provided specialist land administration expertise to finalise complex land tenure issues. These included road closure, identification of native title and Aboriginal heritage issues, rationalisation of reserves, negotiating and selling of surplus Crown land and liaison with the Water Corporation and private contractors to identify potential problems and provide solutions to enable the project to be completed in a timely manner.

They also assisted the Department for Planning and Infrastructure by providing solutions to a number of land tenure issues associated with the development of canals and an associated residential subdivision at Dawesville.

The Team continued work to clear legal constraints concerning the Mandurah Marina - Residential and Commercial development, and continued to provide advice to both LandCorp and the private developers on issues impacting the development.

The Team also participated in strategic meetings with members of the Government’s Forest Policy Implementation Office for the provision of land solutions to finalise the sale of the Pemberton Mill Site. The solutions provided included lease management options, amending reserve descriptions, negotiations with the leaseholder on valuations of improvements and options for subdivisional development of the remaining mill houses. The Team was also involved with the provision of land solutions for the Northcliffe and Deanmill millsites.

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South-East

The South-East Team was actively involved in a number of large land assembly projects over the year.

The finalisation of land assembly for stage one of the Kalgoorlie North-West Sector residential development occurred. The land will be sold for development as an important and high quality housing estate.

Residential land packages were assembled in Hyden and Hopetoun and an industrial land package was also created Hopetoun. The land will be sold for subdivisional development to meet existing demand.

The Team finalised an access agreement to enable construction of a gas pipeline from Kambalda to Esperance. Land tenure arrangements were also progressed to enable the expansion of the 12-Mile Windfarm at Esperance for Western Power.

The Team continued to liaise with the stakeholders for the realignment of the proposed Kalgoorlie-Boulder tourist railway loopline.

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Pilbara

The long awaited first down stream natural gas processing plant on the Burrup was given all approvals, including the financial close. This first phase of the project came to conclusion on 19 December 2002 with the announcement by the Premier of the green light for the $600 million project that is expected to produce around 2,200 tonnes of ammonia from natural gas each day. The Pilbara Team played a principal part in the success of the project laying down the secure land tenures for the site and the associated infrastructure corridor necessary to secure project finance.

Orders were made and documents lodged to create unencumbered land for the northern part of the State’s north-south infrastructure corridor on the Burrup peninsular.

DOLA’s land tenure negotiations were in their concluding stages in support of the methanol plant on the Burrup proposed by Liquigaz Pty Ltd, a company associated with GTL Resources Pty Ltd.

Formal tenure under the Land Administration Act was successfully negotiated with Duke Energy over their existing privately owned gas fired power station at Port Hedland. The plant was constructed nearly a decade ago by BHP as part of its Pilbara energy project.

The Pilbara Team continued to provide land administration support and services to projects in the region and to assist the Commonwealth with the administration of Crown land in the Indian Ocean Territories.

A milestone occurred in the Shire of Upper Gascoyne in late March when the Pilbara Team lodged the perpetual lease for the Gulungoor Yammatji Aboriginal Corporation's Living Area near Gascoyne Junction. This was successfully completed with significant contributions by Pilbara staff and support from Legal Services and DOLA’s Native Title Future Act Facilitators.

The draft Land Development Agreement and development leases for the marina development proposed by Coral Coast Marina Developments Pty Ltd for Crown land north of Coral Bay were also finalised.

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