Approved activities on land under perpetual Western lands leases
43 Approved activities on land under perpetual Western lands leases
For the purposes of clause 19 of Schedule 3 to the Act—
the activity specified in Column 1 of the Table to this subclause is prescribed as an approved activity, and
the requirements specified in Column 2 of the Table opposite the activity are prescribed in relation to the carrying out of the activity for it to be an approved activity.
Table
Column 1
Column 2
Approved activity
Requirements for approved activity
1
Conservation
The holder of the lease must not restrict the Forestry Corporation of New South Wales from accessing Crown timber for harvesting purposes in accordance with any rights that the Corporation has under the Forestry Act 2012.
2
Tourism and farm tourism
The activity must be limited to 20 guests at any one time and use only existing farm buildings and infrastructure.
Note.
Camping in connection with tourism and farm tourism is not limited to 2 nights at a time (as provided for recreation activities below).
The holder of the lease must ensure the activity is covered by public liability insurance which covers the duration of activity of at least $10 million in respect of each and every occurrence, and unlimited in the aggregate for any period of cover.
3
Feedlots (except if they are for the purposes of designated development under the Environmental Planning and Assessment Act 1979)
The activity must comply with any requirements applicable to the activity under the Environmental Planning and Assessment Act 1979 or any other law.
4
Aquaculture
The activity must comply with any requirements applicable to the activity under the Environmental Planning and Assessment Act 1979 or any other law.
5
Sport and leisure events
The holder of the lease must ensure that the events are covered by appropriate public liability insurance that covers the duration of events on the land of at least $10 million in respect of each and every occurrence, and unlimited in the aggregate for any period of cover.
6
Recreation
Camping in locations without camping facilities must be for no more than 2 nights at a time.
7
Military exercises
The exercises must be conducted and authorised by the Department of Defence of the Commonwealth.
The holder of the lease must ensure that appropriate public liability insurance is in place which covers the duration of the exercises of at least $20 million in respect of each and every occurrence, and unlimited in the aggregate for any period of cover.
8
Recreational shooting
Shooters must be licensed to carry firearms under the Firearms Act 1996.
Warning signs must be displayed on the perimeter of the land.
Only feral animals are to be hunted unless hunters are authorised to harm animals under the Biodiversity Conservation Act 2016.
The holder of the lease must ensure that appropriate public liability insurance is in place which covers the duration of the activity of at least $20 million in respect of each and every occurrence, and unlimited in the aggregate for any period of cover.
9
Animal breeding
Nil.
10
Dog kennel operation
The activity must comply with any requirements applicable to the activity under the Environmental Planning and Assessment Act 1979 or any other law.
11
Cattery operation
The activity must comply with any requirements applicable to the activity under the Environmental Planning and Assessment Act 1979 or any other law.
12
Cultivation
The cultivation must be for only one or more of the following purposes—
improved pasture on an area not exceeding 1,000 hectares,
fodder production for on-farm use on an area not exceeding 100 hectares,
the control of rabbits or plants that are pests,
saltbush planting,
plantation of a kind of species for which the Secretary has previously given written approval on an area not exceeding 50 hectares.
13
Film making
The holder of the lease must give at least 28 days prior notice of the activity to the Secretary of the Department.
Any fee charged by the holder of the lease must reflect the holder’s costs only.
The film makers must be required to comply with safety measures and appropriate operational requirements.
The holder of the lease must ensure that appropriate public liability insurance is in place which covers the duration of the activity of at least $10 million in respect of each and every occurrence, and unlimited in the aggregate for any period of cover.
14
Motorsport rally
The holder of the lease must give at least 28 days prior notice of the activity to the Secretary of the Department.
The holder of the lease must ensure that appropriate public liability insurance is in place which covers the duration of the activity of at least $20 million in respect of each and every occurrence, and unlimited in the aggregate for any period of cover.
15
Fishing
The activity must be recreational fishing only that is not carried out by a commercial operator in the course of the operator’s business.
The activity must be carried out in accordance with any applicable requirements of the Fisheries Management Act 1994.
16
Fossicking
The activity must be carried out in accordance with any applicable requirements of the Mining Act 1992.
17
Small to medium scale renewable energy generation
Nil
In this clause—
recreation means hiking, camping or any other recreational activity that has a minimal environmental impact.
small to medium scale renewable energy generation means energy generation from a renewal energy source (for example, from the sun, water or wind) with a generation capacity of no more than 5 megawatts of energy.
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