Pastoral lease explained

A pastoral lease, sometimes called a pastoral run, is an arrangement used in both Australia and New Zealand where government-owned Crown land is leased out to graziers for the purpose of livestock grazing on rangelands.

Australia

Historical background

In the Australian states and territories, leases constitute a land apportionment system created in the mid-19th century to facilitate the orderly division and sale of land to European colonists. Legislation ensured that certain Aboriginal rights were embodied in pastoral leases. However, according to historian Henry Reynolds, several colonial leaders ran roughshod over these rights, including Sir John Downer (when the Northern Territory was governed by the colonial government of South Australia); Sir John Forrest in the colony of Western Australia; and Sir Samuel Griffith in Queensland.[1]

Today

Pastoral leases exist in both Australian commonwealth law and state jurisdictions. They do not give all the rights that attach to freehold land: there are usually conditions which include a time period and the type of activity permitted. According to Austrade, such leases cover about 44% of mainland Australia (3380000km2), mostly in arid and semi-arid regions and the tropical savannahs. They usually allow people to use the land for grazing traditional livestock, but more recently have been also used for non-traditional livestock (such as kangaroos or camels), tourism and other activities. Management of the leases falls mainly to state and territory governments.[2] Leases within state jurisdictions have variations as to applicability from state to state.

Under Commonwealth of Australia law, applicable only in the Northern Territory, they are agreements that allow for the use of Crown land by farmers.[3]

Native title can co-exist with pastoral leases, and Indigenous land use agreements may be made between the leaseholder and the affected native title group.[2]

Relevant legislation and management

Australian jurisdictions have land management legislation that affects the administration of pastoral leases. the legislation and management arrangements are as follows:

New Zealand

The statutory provisions of pastoral leases are covered by the New Zealand Crown Pastoral Land Act 1998 and the Land Act 1948. The holder of the lease has:[9]

See also

Further reading

Notes and References

  1. Book: Reynolds, H. . Truth-telling: History, Sovereignty and the Uluru Statement . NewSouth Publishing . 2021 . 978-1-74223-694-0 . 5 November 2023 . 64–69,220–223.
  2. Web site: Pastoral leases . Austrade . 26 February 2016 . 21 July 2020.
  3. Web site: Land & Sea Rights: Community Living Areas: History . . Casuarina, Northern Territory, Australia . 16 October 2005 . dead . https://web.archive.org/web/20051215090343/http://nlc.org.au/html/land_comm_hist.html . 15 December 2005 .
  4. Web site: Pastoral Land Act 1992 . Northern Territory Legislation . 5 November 2023.
  5. Web site: Crown Lands Act 1992 . Northern Territory Legislation . 5 November 2023.
  6. Web site: Land Act 1994. Queensland Government . Queensland Legislation . 1 March 2023 . 5 November 2023.
  7. Web site: Pastoral leases in South Australia . . 1 July 2022 . 5 November 2023.
  8. Web site: Land Administration Act 1997 (all versions). Western Australian Legislation. 24 October 2023 . 5 November 2023.
  9. Web site: Guide for pastoral leaseholders . November 2010 . Land Information New Zealand . 19 February 2011 . dead . https://web.archive.org/web/20110724195507/http://www.linz.govt.nz/docs/crownproperty/high-country-leases/guide-for-pastoral-leaseholders.pdf . 24 July 2011 .