Agro-Pastoral Portfolio of Proposals for Changes to Laws and Policies

Policy Workshop Process and Meanings of Terms below

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Code


Project 21C policy objective


Existing mechanisms for achieving 21C objective

[1]
Proposals from Project 21C policy workshops for new  mechanisms or changes to  existing ones

[2]
AG

[3]
Impact of proposal on each non-advocating group, modifications suggested by them, and responses from advocating group.

[4]
I

[5]
Implementation strategy

[6]
Potential Champions

38

Increase investment in agro-pastoralism at regional level.

 

Industry focused infrastructure planning.

Ag/P

 

7

Lobby NSW and Federal politicians for investment (I).

 

NSW Farmers’ Association; National Federation of Farmers, Local Government

39

Increase ability to identify and evaluate new enterprises.

Rural Industries R&D Corporation; NSW Agriculture; NSW Fisheries.

More R&D on potential new species. Rebuild extension arm of NSW Agriculture. Promote Fisheries extension. Include consultation with landholders.

R

 

5

Lobby NSW politicians for investment (M).

NSW Farmers’ Association, West 2000 Plus Board, in consultation with NSW Agriculture, NSW Fisheries

40

Increase ability to identify and evaluate new enterprises.

Access to World Wide Web, and training support.

Courses made more widely available. Grants for training, and to assist purchase of equipment.

R

A: Aboriginal people should have same access to Internet as Ag/P.

8

Lobby NSW politicians for investment (M).

NSW Farmers’ Association, West 2000 Plus Board, in consultation with communications and IT industries.

41

Increase investment at property level.

 

Enhance perceptions of security of tenure through Indigenous Land Use Agreements under the Native Title Act. Co-ordination through the Cabinet Office (NSW), with negotiation assistance from the Crown Solicitors Office.

R

A: Desperate need for recognition of pre-existing and continuing NT rights. Abandon litigation and negotiate co-existence agreements.

Ag/P: response ranges from strong support to strong opposition.

10

Develop a regional strategy for ILUAs (I)

 

DLWC , Premiers’ Department,  Aboriginal elders, Murdi Paaki and Binaal Billa Regional Councils, Minerals Council of NSW, West 2000 Plus are potential champions. Coordination through Cabinet Office (NSW)

42

Increase profit through technological change.

Increase water use efficiency.

More irrigation R&D on water use.

Ag/P

 

5

Lobby Grains R&D Corporation, Land and Water Resources R&D Corporation, Murray Darling Basin Commission, CSIRO Plant Industries (I).

NSW Farmers Association, National Farmers’ Federation.

43

Increase profit through technological change.

Use of salt tolerant species.

More Participative R&D (ie land users and researchers work together).

Ag/P

 

5

See row 42.

See row 42..

44

Eliminate debt.

Property amalgamation. Stamp duty already removed for some land trading under WEST 2000, and intra-family transfers.

Increase (property) amalgamation rate through grants to buyers. Remove stamp duty from all transactions for amalgamation purposes.

Ag/P

 

7

Lobby NSW politicians for changes in regulations (I).

 

NSW Farmers’ Association, in consultation with West 2000 Plus

45

Eliminate debt.

Selective purchase of leases through Aboriginal Land Fund.

Activation of Aboriginal Land Fund for selective purchase of leases.

R

 

3

Develop a Western Division land purchasing strategy for the NSW Land Fund (I).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, NSW Land Council, Local Land Councils. West 2000 Plus a potential ally (Aboriginal table: row 12)

46

Eliminate debt.

Selective purchase of leases by NPWS.

A higher rate of selective purchase of leases by NPWS, and more selective acquisition needed, so additional State funding required.

R

 

2

Link lease purchase to NPWS reserve  acquisition strategy (I).

NPWS, West 2000 Plus.

47

Eliminate debt.

 

Debt paid in exchange for a nature conservation agreement on selected properties.

R

 

5

Develop a “debt-for-nature swap” strategy (I).

Environment Australia, Agriculture, Fisheries and Forestry Australia, NPWS, conservation groups.

48

Increase profit through diversification and reallocation of labour and capital to give better returns.

Land use changes

Ease restrictions on land use where land capability is sufficient.  Relevant NSW Acts including: Western Lands; Environmental Planning and Assessment; Protection of the Environment Administration; Fisheries  (as it affects aqua-culture); Clean Waters; Pollution Control; Protection of the Environment Operations Act; Waters; Water Administration; Native Vegetation Conservation; Threatened Species Conservation; Wilderness; Heritage; National Parks and Wildlife (heritage); Soil Conservation.

Ag/P

A: 0. No land use change should be at the expense of Aboriginal people or culture.  Any changes must acknowledge NT rights and Aboriginal opportunities for development.

C: 0. Emphasis should be on land capability studies. We prefer the option of the new Natural Resources Act.

M: +2. Potential to enhance access for exploration.

T: +2. Increases options and flexibility.

8

Link development approvals to land suitability (M).

Invest in land resource surveys (I).

NSW Farmers’ Association, NSW Minerals Council, DLWC, NSW Agriculture, Catchment Management Boards.

49

Increase profit through diversification and reallocation of labour and capital to give better returns.

Pastoral leases.

Alternative A: Change pastoral leases to primary production leases that allow cultivation, grazing, aqua-culture, horticulture, forestry, tourism, and nature conservation. The leaseholder would be expected to pay for the extra benefits conferred by the change. The change should be subject to: regulations in the environmental legislation, including granting of licenses; and prior establishment of a regional Indigenous Land Use Agreement (Native Title Act) that gives Aboriginal people access to leasehold land.

R

A: Aboriginal ownership of cultural and intellectual property must be recognised and respected, and co-operative arrangements entered into.

Ag/P: Rejected if its only change of lease purpose. Freehold should be an option for all leases, not just the agricultural ones.  Changes should be subject to NT resolution in the High Court, or through an Indigenous Land Use Agreement.

C: +5. Support so long as proposed activity linked to rigorous land capability assessment.

M: +2 if mining allowed. 0 if not. A primary production lease should allow mining. Note that the Mining Act would in any case over-ride the WLA or  its successor.

T: +1. Chance of weaker planning controls than under freehold.

8

Change of  lease conditions – option A (I).

Some pastoralists, Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils, Conservation groups, Minerals Council, Tourism Industry.

50

Increase profit through diversification and reallocation of labour and capital to give better returns

 

Alternative B: Change pastoral leases to primary production leases that allow cultivation, grazing, aquaculture, horticulture, forestry, tourism, and nature conservation. The leaseholder would be expected to pay for the extra benefits conferred by the change. The change should be subject to regulations in the environmental legislation, including granting of licenses.

R

A: Aboriginal ownership of cultural and intellectual property must be recognised and respected, and co-operative arrangements entered into. Sui generis approach (based on own customs and laws) to indigenous cultural and intellectual rights.

Ag/P: Rejected if its only change of lease purpose. Freehold should be an option for all leases, not just the agricultural ones.  Changes should be subject to NT resolution in the High Court, or through an Indigenous Land Use Agreement.

C: -2. Prefer alternative A.

 M: +2 if mining allowed. 0 if not. A primary production lease should allow mining. Note that the Mining Act would in any case over-ride the WLA or  its successor.

T: +1. Chance of weaker planning controls.

10

Change of  lease conditions – option B (I).

Some pastoralists

51

Increase profit through diversification and reallocation of labour and capital to give better returns.

Pastoral leases.

Alternative C: Change pastoral leases to primary production leases that allow cultivation, grazing, aquaculture, horticulture, forestry, tourism, and nature conservation, The leaseholder would be expected to pay for the extra benefits conferred by the change.

R

A: Aboriginal ownership of cultural and intellectual property must be recognised and respected, and co-operative arrangements entered into. Sui generis approach (based on own customs and laws) to indigenous cultural and intellectual rights.

Ag/P: Should combine B and C. Still reject if its only change of lease purpose. Freehold should be an option for all leases.  Changes should be subject to NT resolution in the High Court, or through an Indigenous Land Use Agreement.

C: -5. Prefer alternative A.

M: +2 if mining allowed. 0 if not. A primary production lease should allow mining. Note that the Mining Act would in any case over-ride the WLA or  its successor.

T: +1. Chance of weaker planning controls. 

10

Change of  lease conditions – option C (I).

Some pastoralists.

52

Increase profit through diversification and reallocation of labour and capital to give better returns.

Increase investment at property level.

Pastoral leases.

Alternative D: Extend freehold to ALL leases, with similar legal obligations as freehold agricultural land in the rest of NSW. But NT must be resolved before freeholding, change of lease purpose, diversification or management for sustainability can occur.

Ag/P

 A: -5. Freeholding extinguishes NT. Other avenues to be explored – NT still exists; Aboriginal ownership of cultural and intellectual property must be recognised and respected, and co-operative arrangements entered into. Indigenous Land Use Agreement processes are available.

Ag/P. Freeholding a priority where there is a potential for intensive development.

C: -5. Should be subject to sustainability of cropping and salinity assessment. Prefer Primary Production Lease option.

M: +3. Would simplify current approval process in some cases eg exploration and small mines. Easier negotiation with owners because fewer players involved.

T: +3. Increase access to loans. Provides options for tourism, zoning and protection

10

Freehold all leases (M).

Agro-pastoralists, NSW Farmers’ Association.

53

Increase profit through diversification and reallocation of labour and capital to give better returns.

Development approval much slower in Western Division compared with Victoria, so water is being traded across the border.

One-stop shop approval mechanism.

Ag/P

 

10

Develop a one-stop shop approval mechanism (M)

See Mining Table: row 141.

Agro-pastoralists, NSW Farmers’ Association, minerals industry.

54

Increase profit through diversification and reallocation of labour and capital to give better returns.

Development approval much slower in Western Division compared with Victoria, so water is being traded across the border.

Alternative A: put a time limit of 90 days for  permission to clear etc. Permission granted automatically if time is exceeded.

Ag/P

A: -5. Unacceptable. Shows misunderstanding of Statute of Limitation.

Ag/P: Lack of professionalism in processing is a major problem. It could be rectified.

C: -5. Patience is a virtue.

M: 0.

T: -1. Potential for clearing by default.

10

Put finite time limit on development approvals – Option A (I)

Agro-pastoralists, NSW Farmers’ Association.

55

Increase profit through diversification and reallocation of labour and capital to give better returns.

Development control. Development approval much slower in Western Division compared with Victoria, so water is being traded across the border.

Alternative B: DLWC pays financial compensation for every delay of one week after 90 days.

Ag/P

A: -5. No. Shows misunderstanding of Statute of Limitation.

Ag/P: one view – combine A and B.

10

Put finite time limit on development approvals – Option B (I)

Agro-pastoralists, NSW Farmers’ Association.

56

Increase profit through diversification and reallocation of labour and capital to give better returns.

Clearing and cropping.

More Participative R&D (ie land users and researchers work together) and extension on sustainable cropping systems eg  establishment of pastures after cropping. Based on land capability.

Ag/P

A: -5. No. Not viable.

8

Lobby Grains R&D Corporation, Land and Water Resources R&D Corporation, CSIRO Sustainable Ecosystems (I).

Agro-pastoralists, West 2000 Plus,  NSW Agriculture, DLWC.

57

Increase profit through diversification and reallocation of labour and capital to give better returns.

More cattle.

Increase extension support for cattle industry where land is suitable.

Ag/P

A: -5. No.

2-8

Lobby State politicians for rebuilding of NSW Agriculture’s extension service (I).

Agro-pastoralists, NSW Agriculture, West 2000 Plus.

58

Increase profit through diversification and reallocation of labour and capital to give better returns.

More meat sheep.

Increase extension support for meat sheep industry. Sheep should have  21-28 micron wool, or finer.

Ag/P

A: -5. No.

4

Lobby State politicians for rebuilding of NSW Agriculture’s extension service (I).

Agro-pastoralists, NSW Agriculture, West 2000 Plus.

59

Increase profit through diversification and reallocation of labour and capital to give better returns.

Landcare type networks.

Form production and conservation co-operatives relying on email and WWW for mutual technical, marketing, purchasing and transport support. Need start-up funds.

R

 

3

Lobby State politicians for establishment support (I).

Agro-pastoralists, NSW Agriculture, West 2000 Plus, Rural Industries Research and Development Corporation.

60

Increase profit through diversification and reallocation of labour and capital to give better returns.

Goat farming.

Promote goat farming. Participative R&D (ie land users and researchers work together) for breeding (increase carcass size and quality. Need start-up funds for fencing.

Ag/P

 

5

Lobby State politicians for rebuilding of NSW Agriculture’s extension service (I).

Agro-pastoralists, NSW Agriculture, West 2000 Plus.

61

Increase profit through diversification and reallocation of labour and capital to give better returns.

Use of timber.

Give landholders ownership of timber from their land. Change Forestry Act 1916; 

Ag/P

 

5

Lobby State politicians for amendments to Forestry Act and lease conditions (M).

Agro-pastoralists.

62

Increase profit through diversification and reallocation of labour and capital to give better returns.

Smarter marketing and purchasing through rapid communication to a wide information network.

Universal Service Obligation needs to be upgraded, legislated and clearly defined to a level comparable to urban counterparts, and must be flexible to accommodate technical change

Ag/P

M

A: +5. Improve communications to Aboriginal communities through targeted projects.

A/P: +5. Strongly supported. More informed decision making and better marketing. However, one view doubts urban standards can be achieved; the emphasis should be upon keeping up with technology.

C: +5. This is the most important initiative to us.

M: +2. Only a small part of the overall consideration of a mining project.

T: +4.

8

Lobby federal politicians and service providers (I).

Aboriginal, agro-pastoral, conservation and tourism sectors, and West 2000 Plus.

63

Increase profit through diversification and reallocation of labour and capital to give better returns.

Smarter marketing and purchasing.

More training in marketing and improved marketing support schemes. Emphasis on strategies for managing price risk. Encourage utilisation of existing and new support schemes.

R

 

8

Lobby Agriculture, Fisheries and Forestry Australia for training support (I).

Agro-pastoralists, NSW Agriculture, West 2000 Plus.

64

Increase profit through diversification and reallocation of labour and capital to give better returns.

Improved roads reduces transport costs.

Increased public investment to improve roads and reduce transport costs.

Ag/P

A: +3. I). Recognise NT and cultural heritage protection; ii). Improve services to Aboriginal communities; iii). Involve Aboriginal businesses.

8

Lobby NSW and Federal politicians for investment funds (M).

Aboriginal  groups, agro-pastoralists, minerals and tourism industries,   Premier’s Department, RTA, Local Government.

65

Increase profit through diversification and reallocation of labour and capital to give better returns.

Inducements for on-farm nature conservation.

Sponsorship by business and industry for on-farm nature conservation.

R

Ag/P: Valid in some situations. How is this to be funded? Who qualifies?

8

Link to Worldwide Fund for Nature, and NSW Conservation Trust initiatives for funding on-farm conservation (L).

Conservation groups, West 2000 Plus, some agro-pastoralists, some industries, especially if it is favoured by taxation policy.

66

Increase profit through diversification and reallocation of labour and capital to give better returns.

Inducements for on-farm conservation.

Stewardship payments for on-farm conservation at a level competitive with the most profitable land use on that land type. Stewardship here means payment from public funds to a landholder to manage land primarily for nature conservation. The payment would need to exceed the gross margin of the next best land use option.

R

Ag/P: Valid in some situations.

8

Establish pilot stewardship scheme with West 2000 Plus and Agriculture Forestry and Fisheries Australia (I).

See Conservation tables:
row  87
row 120.

West 2000 Plus, AFFA, NPWS, conservation groups (especially Worldwide Fund for Nature), CSIRO Sustainable Ecosystems.

67

Build and share knowledge.

Improved tele-communications leads to smarter marketing and purchasing, on-line extension support, knowledge of new enterprises, and sharing of knowledge through networks.

Increase lobbying pressure on federal Government and Telstra. Make telephone improvement the first priority, followed by email capability, with WWW capability the third priority.

Ag/P

A;: +5. Affirmative action to direct targeted improvements into Aboriginal communities.

C: +5. Endorse all improvements to communications, including Internet.

M: +2.

T: +4. Safety, bookings, information.

5

Lobby federal politicians and service providers (I).

Aboriginal, agro-pastoral, conservation and tourism sectors, and West 2000 Plus.

69

Improve services.

 

Bring primary and secondary education to State standards.

Ag/P

M: +2. Enhance skills of potential worksforce.

7

Lobby state and federal politicians and service providers (I).

All sectors.

70

Improve services.

 

Enhance health, police and other services.

Ag/P

C:+5. Equity in health services across the community.

M: +3. Dangers of our industry are real.

T: +2. Increased safety for tourists.

8

Lobby state and federal politicians and service providers (I).

All sectors.

71

Improve road network.

Much of existing road network is on leases.

Establish a legal road network excised from leases, and maintained by the shires. Unincorporated Area needs special consideration – at present its roads are under the RTA.

Roads should be fenced, and problems of trespass and legal liability for lessees resolved. Establishment should be funded by the State, not shires.

R

M: +3.

8

Lobby State Minister for Agriculture, Land and Water, and DLWC (I).

All sectors.

72

Standardise leases.

Western Lands lease conditions vary according to when the lease  was issued.

Standardise Western Lands lease conditions.

R

Ag/P: This is appropriate.

M: +2. Easier negotiation.

8

Lobby State Minister for Agriculture, Land and Water, and DLWC (I).

Agro-pastoralists.

73

Sustainable land management.

Lease conditions under Western Lands Act.

Western Lands Act over-emphasises regulations and under-emphasises outcomes. For this and other reasons replace with a new Natural Resources Act (outlined above) that specifies lessee’s rights and responsibilities, management outcomes for sustainability, rights of access and resource use of other persons, and that has provisions for Indigenous Land Use Agreements and voluntary nature conservation agreements,  rents, sub-leasing, forfeiture, incentives, and periodic changes of conditions.

R

A: +5. Support development of an Act that fully respects Aboriginal traditional rights and interests.

Ag/P: Mostly disagree strongly, and say re-write the WLA, don’t pass a new one.

C: +5.

M: -5 to +5. Interests of the industry would have to be taken into full account.  Is there really a need for a new Act?

T: +3 if in a leasehold context. Increased focus on outcomes and ESD are good for tourism. They provide more flexibility with adequate controls.

8

Rewrite the Western Lands Act to achieve these objectives without repealing the Act  (I).

Some agro-pastoralists,  the conservation groups, the tourism industry, and perhaps the Minerals Council.

74

Sustainable land management.

 

Need a legal requirement under the NPWA for NPWS to control all grazing animals in National Parks for the benefit of neighbouring properties. It would benefit the Parks as well as the neighbours and the W Division.

Ag/P

A: must lead to better land management. Involve Aboriginal people.

C: -5 as proposed. Sound land management should apply to all land – control of feral pests, scientific TGP management.

M: 0.

8

Lobby state politicians for amendments to the NPW Act (I).

Some Aboriginal peoples, some agro-pastoralists, West 2000 Plus, NSW Farmers’ Association.

76

Sustainable land management.

 

Need powers under Noxious Weeds Act to declare quarantine areas.

Ag/P

 

4

Lobby State Minister and NSW Agriculture (I).

Agro-pastoralists, West 2000 Plus, NSW Farmers’ Association, National Famers’ Federation.

77

Sustainable land management.

Reduce total grazing pressure through rabbit control, kangaroo and goat culling.

Develop control strategies at Landcare, RLPB and W Division levels.  Kangaroo and goat harvesting not effective enough. Conflicts between aims of meat production and reduction in numbers.

R

A: +3. Respect Aboriginal traditional hunting rights. Consider opportunities for Aboriginal enterprises, and co-management.

Ag/P: Leaseholder should be responsible. Shooters should negotiate arrangements with landholders. Aboriginal co-management cannot proceed until NT resolved.  NPWS to control numbers on their land.

 

7

Develop control strategies at Landcare, RLPB and W Division levels (M).

NPWS, West 2000 Plus, NSW Farmers’ Association, Pastoralists’ Association of the West Darling.

78

Sustainable land management.

Reduce total grazing pressure through commercial harvesting of kangaroos and feral animals.

Promote viable wild animal utilisation industries, including co-operation among industries, agencies and conservationists. Conflicts between aims of meat production and reduction in numbers (above).

R

A: Respect Aboriginal NT rights and co-management, rather than commercial harvesting. Harvest feral animals, not kangaroos.

Ag/P: NT not resolved.

8

Simplify harvesting regulations (I).

Kangaroo industry, pastoralists.

80

Access to financial advice and financial markets.

Banks, pastoral houses, other lenders

Employ financial advisers and counsellors with wide market knowledge.

Ag/P

A: +2. Culturally appropriate services needed for Aboriginal people.

C: 0. Integrate financial information with the social and economic environment M: 0

T: +3. Free advice is worth what you pay for it! Need for independence of advice. This proposal assists diversification. Need to stress the need for market knowledge in tourism, not just financial houses.

8

Lobby banks and finance houses (I).

West 2000 Plus, Pastoralists’ Association of the West Darling

81

Simplification of  grazing lease rental system

Rent on grazing leases is currently based on sheep carrying capacity, even when part of the lease is used for other purposes.  The present system is inequitable.  The large number of appeals is administratively expensive.

Adopt the land value approach used in the rest of NSW.

R

Ag/P: Retain and improve the carrying capacity approach. Address inequities though.

4

Continue lobbying for the carrying capacity approach (I).

West 2000 Plus, Western Lands Advisory Board, Pastoralists’ Association of the West Darling.

82

Increase profit through diversification and reallocation of labour and capital to give better returns.

More aquaculture.

Provide extension support for aquaculture to take advantage of  the new Class E yabby permit for extensive culture in tanks on multiple properties per licence. Opportunities for other types of aquaculture are expected with the new industry initiative for the MD Basin. 

R

 

3

Lobby NSW fisheries and the Minister for extension services.

West 2000 Plus; producer associations.

Policy Workshop Process and Meanings of Terms

Notes against numbers in [#] below refer to numbers in the column headings on the table.

[1] At Project 21C policy workshops each of five groups of policy makers develops a portfolio of proposals to change policies and laws. The proposals from each policy group are designed to support the interests of the one stakeholder group whose interests it represents. A sixth group, Researchers, comprises project 21C staff. They have included proposals in each of the five portfolios. 

[2] Each of the five groups of policy makers is known as an advocating group (AG). One proposal may be advocated by more than one group. 

Codes for the groups:
  A = Aboriginal
Ag/P =agriculture/ pastoralism
C = nature conservation
M = mining and exploration industry
R = Researchers
T = tourism industry. 

[3]: The impacts of proposals from any one advocating group on the interests of each other stakeholder group are estimated by their respective representatives. The advocating group may modify the proposals to reduce harmful or increase beneficial side effects. The impact rating runs from -5 (very harmful) to +5, (very beneficial). Sometimes groups did not give a rating. 

[4]: The advocating group scores the importance of each proposal, from the perspective of the stakeholder group it represents, on a scale of 1 (lowest) to 10 (greatest). Not all groups entered scores. 

[5]: Priority of action and implementation is indicated by (I) = immediate; (M) = medium term, around 2 years; (L) = long term 

[6]: Potential champions are organisations that have sufficient interest in a proposal to develop and implement it.

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