Statement of Requirements - Central Tablelands Local Land Services

Expression of Interest (EOI)
Statement of Requirements
For Long Term Grazing on
Travelling Stock Reserves in the Central
Tablelands Region
Central Tablelands Local Land Services
Page 1
INTRODUCTION
About the Travelling Stock Reserves Grazing Permits
The Central Tablelands Local Land Services manages Travelling Stock Reserves (TSR) within its region.
Annual grazing permits for these reserves were previously issued through the Central North, Central West and
Tablelands Livestock Health and Pest Authorities, but with the formation of the Local Land Services grazing
permits will now be issued through the Central Tablelands Local Land Services.
Long term grazing permits in the Mudgee, Molong and Orange areas have been offered from 16 March 2015
to 31 August 2019. The change is to ensure a balance between maximising tenure certainty of permit holders
and ensuring adequate market return for the TSR assets.
As the Local Land Services is a new organisation there is likely to be some further state-wide policy
development of TSR grazing arrangements and these may need to be accommodated within the term of the
grazing permit period.
EOIs are being sought from eligible applicants for Long term grazing permits for the TSRs that remain vacant
after the open EOI process concluded. See the list on the Central Tablelands website or in local offices.
EOI forms should be submitted on the response form to [email protected].
Central Tablelands Local Land Services
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Table 1: TSRs assessed as suitable to long term grazing in the Mudgee area
TSR
ID
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Aarons Pass
Budgee
Copper Mine
Caerleon
Cudgegong
Cullenbone
Cumbandry
Gallamara
Goolma Pony Club
Gulgong 3 Mile
Gulgong Flour Mill
Home Rule
Home Rule East
Ilford
Kains Flat
16
Laheys Creek
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Lue East
Pikes
Red Hill
Rylstone West
Snakes Ck
Stubbo
Stoney Ck
Sunnyside
Tallawang
Tippings Dam
Two Mile Flat
Walinga
Wollar
Woodgrove
Beryl
Cooks Gap
Cemetery
Lowes Peak
Reedy Creek
TSR NAME
TSR LOCATION
Castlereagh Highway Aarons Pass
Ulan Rd Budgee Budgee
Wellington Road Goolma
Hill End Road Mudgee
Castlereagh Highway Cudgegong
Castlereagh Highway Cullenbone
Henry Lawson Drive Gulgong
Wilbertree Road Wilbertree
Goolma Road Goolma
Castlereagh Highway Gulgong
Cope Rd Gulgong
Canadian Lead Road Home Rule
Henry Lawson Drive Home Rule
Castlereagh Highway Ilford
Wollar Road Kains Flat
Castlereagh Highway Laheys Creek Turn
Off
Rylstone Road Lue
Castlereagh Highway Tannabutta
Castlereagh Highway Menah
Bylong Valley Way Rylstone
Henry Lawson Drive Lowes Peak
Barneys Reef Road Stubbo
Wollar Rd Cooyal
Bylong Valley Way Bylong
Castlereagh Highway Tallawang
Cope Road Gulgong
Gardners Rd Two Mile
Queens Pinch Rd Mudgee
Bylong Road Wollar
Queens Pinch Rd Mullamuddy
Spring Ridge Road Beryl
Ulan Road Cooks Gap
Ulan Road Mudgee
Henry Lawson Dr Lowes Peak
Castlereagh Highway Gulgong
*Area is approximate and includes associated holding yard
Central Tablelands Local Land Services
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Area
(ha)
15
70
8
30
6
63
32
7
8
19
2
11
19
9
27
19
7
6
28
22
7
14
5
36
9
13
20
4
15
11
6
7
5
2
6
Central Tablelands Local Land Services
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Table 2: TSRs assessed as suitable to long term grazing in the Molong/Orange area
TSR
ID
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
TSR NAME
Evans
Wileys
Spring Terrace
BraeBurn
Research Stn
Heifer Station Creek
Blacks
March
Mulyan
Wier
Jacksons
Amaroo
O'Donnells
Britts
Cheesemans Creek
Marriotts
Langdons
Lords Gap
Garra
Norah Creek
Ironbarks
Burrawong
Myrangle
Yullundry
Brick Kiln
Baldry
Mousehole
Cargo
Warree Creek X Roads
Cudal
Brandywine
Carrolls
Browns
Redbank
Eleys
Ellsmores
Nivens
Five Mile
Area
(ha)
4
13
8
10
7
36
7
8
4
2
8
10
2
3
10
6
8
7
7
7
5
10
8
8
6
12
13
4
20
7
4
8
4
10
12
4
8
6
TSR LOCATION
Millthorpe /Blayney Rd Millthorpe
Spring Terrace Rd Forest Reefs
Spring Terrace Spring Terrace
Four Mile Creek Rd Four Mile Creek
Cadia Rd Bloomfield
Escort Way Borenore
Mitchell Hwy Winderra
Burrendong Way March
Burrendong Way Mullion Creek
Silver St Molong
Tantallon Rd Belgravia
Amaroo Rd Amaroo
Yuranigh Rd Molong
Escort Way Borenore
Escort Way Cheesmans Creek
Parkes Rd Boree
Peabody Rd Molong
Packham Way Molong
Garra Rd Garra
Banjo Patterson Way Norah Creek
Banjo Patterson Way Cumnock
Baldry Road Cumnock
Banjo Patterson Way Cumnock
Banjo Patterson Way Yullundry
Banjo Patterson Way Yeoval
Renshaw-McGirr Way Baldry
Mousehole Lane Bowan Park
Canowindra Road Cargo
South Bowan Park Rd Cargo
Escort Way Cudal
Canowindra Rd Cudal
Yellow Box Rd Manildra
Escort Way Cudal
Yellow Box Rd Toogong
Escort Way Murga
Cargo Rd Nashdale
Escort Way Eugowra
Canowindra Rd Eugowra
*Area is approximate and includes associated holding yard
Central Tablelands Local Land Services
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Central Tablelands Local Land Services
Page 6
Central Tablelands LLS Policy on Long Term Grazing Agreements
Central Tablelands Region can issue long term grazing permits subject to the following:
1) General Conditions
a) Reserves that are identified for long term grazing permits must be clearly defined by a
reserve identifier, a map demonstrating location and boundaries, size in hectares,
listing any infrastructure, dams, creeks/rivers, access agreements and environmental
and cultural heritage points of significance.
b) Regions must call for expressions of interest (EOI) in local papers published in the
area of the reserves being offered for longer term grazing giving at least 3 weeks’
notice to landholders to lodge their EOI.
c) A panel will assess applications on information provided in the EOI and make
recommendations to management.
d) The EOI must call for the following information to be lodged as a minimum:
•
Detail the names and contact addresses and telephones of the interested party;
•
The place of business residential address of the interested party, their ABN and
Property Identification Codes (PIC);
•
A statement of public liability insurance coverage that will need to be copied to the
Local Land Services before permits are issued;
•
A brief statement of livestock production experience;
•
The reserve identifier and location subject of the EOI;
•
The period of grazing requested;
•
The annual fee being lodged for consideration is to be GST exclusive; and
•
Acceptance of the payment agreement terms if EOI is accepted.
2) Method of Pricing
a) The Central Tablelands Region sets minimum fees for each reserve. This fee is
determined by the assessed notional carrying capacity of the reserve in combination
with a stock unit lease value in the region adjusted to suit native pastures.
b) Infrastructure improvement plans may be accepted in conjunction with or in lieu of fees
on a case by case basis.
c) All EOIs received by CTLLS region from the Chairman, Board member or their spouse,
parents and children or adopted children and/or staff and their spouse, parents and
children or adopted children must be referred to the Board of Chairs Conflict of Interest
Subcommittee who shall undertake the consideration of all of the expressions of interest
received for that reserve.
3) Length of Permits
a) Permits may be for any period not exceeding 5 continuous years.
b) Permits can include an option for another term or terms of permit so the total does not
exceed 10 years.
c) Permits will have a common expiry date of 31 August.
Central Tablelands Local Land Services
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4) Exclusion Clause Required
There must be a clause in the EOI conditions which allows the Permit to be cancelled before
its stated expiration at the written advice of the Minister, or the Board of Chairs or the Local
Board of LLS.
5) Priority to adjoining Owners
Central Tablelands Region gives a weighting system for adjoining landowners i.e.
neighbours (contiguous land with a common boundary fence). This weighting is 25% on top
of their expression of interest amount e.g. $200 from neighbour equates to $250 from a nonneighbour.
6) Standard Templates must be applied regionally
a) Long Term Permits must be in the LLS Standard Long Term Permit Agreement format.
b) Other standard templates developed by the CRT and endorsed by the ESU will be applied
regionally.
Central Tablelands Local Land Services
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Grazing Agreement
Part 1: General conditions
The following terms and conditions constitute conditions of your Permit with which You must
comply. A breach of this Agreement may constitute an offence under the Act.
1) Grant of Stock Permit
a) You may use and occupy the Reserve only for the purposes specified in the Permit.
b) You may only carry out those activities on the Reserve which are necessary for the
proper care and control of the stock permitted by the Permit to graze the Reserve.
c) This Agreement does not confer on You any right of exclusive possession of the
Reserve nor any proprietary right in the Reserve. Local Land Services may issue
permits to other persons to carry out activities on the Reserve.
d) You must permit persons authorised by the Act (including persons carrying out
recreational activities) to access the Reserve.
e) This Agreement is personal to You. You must not transfer or create any interest in
this Agreement nor may You deal with Your rights under this Agreement in any way.
f)
Subject to any rights you may have under the Act, You are not entitled to any
compensation, costs or damages on suspension or termination of this Agreement.
2) Local Land Services’ powers and functions
a)
Local Land Services may exercise any power, delegation, authority, duty or function
as provided by Act in relation to any matter arising out of the terms of this
Agreement. Nothing in this Agreement restricts or affects Local Land Services'
discretion as to the use of Local Land Services' statutory powers.
b)
Local Land Services may vary the terms and conditions of this Agreement at any
time. You will be notified in writing of any variations to the terms and conditions of
this Agreement and You must comply with any such variations after you are notified
of them.
c)
Any reference to approvals or consents of Local Land Services in this Agreement
must be given in writing to be effective. Unless this Agreement provides otherwise,
Local Land Services may give or withhold approval or consent to any act, matter or
thing in its absolute discretion, and subject to such conditions as it may determine.
Any such condition will become a condition of this Agreement.
d)
You must not act or represent Yourself to be the servant or agent of Local Land
Services.
3) Condition of Reserve
a) You must at all times keep the Reserve in a clean and tidy condition.
b) You must repair all fences, gates and flood crossings on a Reserve as necessary to
keep the Reserve stock proof.
c) You must promptly notify Local Land Services if you discover any poisonous plants
or pests on the Reserve. You must remove any poisonous plants, pests or
abandoned or discarded materials (such as car batteries) which may cause stock
disease or death.
Central Tablelands Local Land Services
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d) An authorised officer of Local Land Services may, at all reasonable times, enter the
Reserve and inspect the Reserve and any stock on the Reserve, and take such
action to ensure compliance with the Agreement and the Act.
e) On the Terminating Date You must make sure that the Reserve is in good repair and
condition, reasonable wear and tear excepted, and is clear and free from all rubbish.
4) Emergencies
a) Local Land Services reserves the right to allow third parties' stock to be placed on
any Reserve during emergency situations, such as floods, bushfires and other
disasters.
b) Local Land Services may order You to remove Your stock or reduce Your stock
numbers on a Reserve at any time when Local Land Services considers there to be
an emergency situation, or considers that further grazing may be detrimental to the
recovery of pastures or that further grazing may degrade the Reserve.
c) Local Land Services may, at its own discretion, refund all or part of any fees where it
issues any directions or orders under this clause.
5) Risk
a) You agree to occupy and use the Reserve at Your own risk.
b) You release, to the full extent permitted by law, Local Land Services and the Crown
and their respective officers and employees, from all claims, demands, actions,
proceedings, damages, losses, liabilities, costs and expenses of every kind in
respect of or resulting from:
(i) any accident, damage, death, loss or injury in connection with the Reserve and
your use and occupation of the Reserve;
(ii) any poisoning from pesticides, chemicals or poisonous plants on the Reserve;
(iii) any disease spreading to stock on the Reserve.
6) Indemnity
You must indemnify Local Land Services and the Crown from and against all liabilities,
actions, suits, claims and demands of whatsoever nature and all damages, costs, charges
and expenses in respect of any accident, injury or illness to any person or property arising
out of or in connection with:
a) Your use or occupation of the Reserve (including where arising from any act or thing
which you may be authorised or compelled to do under this Agreement);
b) Your stock including the escape of any stock from the Reserve; and
c) Any breach of this Agreement,
except to the extent caused or contribute by the negligence or wilful act or omission on the
part of Local Land Services or the Crown.
7) Public risk insurance
You must effect and maintain for the Term with reputable insurers a public liability insurance
policy for the amount specified in the Permit (and if no amount is specified $10 million) for
any one occurrence, which policy must note the interest of Local Land Services and anyone
Central Tablelands Local Land Services
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else nominated by Local Land Services. You must provide Local Land Services with a
certificate of currency and a copy of the insurance policy on reasonable request.
8) Compliance
In order to maintain compliance:
a) You must comply with the requirements of all statutes, regulations or by-laws
(including the Act), and with the requirements of all relevant public and local
authorities, in so far as they apply in relation to the use and occupation of the
Reserve.
b) You :
(i)
must contain stock on the Reserve, and if any stock escape from the Reserve
You must immediately return them to the Reserve or land under Your
management;
(ii)
must ensure that your occupation and use of the Reserve does not encroach
outside the Reserve; and
(iii)
must ensure that stock on the Reserve are free of lice and diseases.
(iv)
must immediately notify the Local Land Services if any stock on the TSR are or
become diseased and take whatever action is directed by the Local Land
Services to control the disease. This may involve removing some or all stock
from the TSR or termination of the permit.
c) You must not:
(i) carry on or permit any person to carry on any noxious, noisome or offensive
activity in the Reserve;
(ii) do anything that might damage the Reserve and You must immediately repair
any damage You cause or contribute to the Reserve;
(iii) do or permit any person to do any act, matter or thing which results in nuisance,
damage or disturbance to Local Land Services or owners or occupiers of
adjoining or neighbouring land, including promptly removing rogue stock that are
causing nuisance to adjoining landholders;
(iv) carry out any hazard reduction burning on the Reserve except with the approval
of Local Land Services, any necessary approval from the Rural Fire Service and
in accordance with any required environmental approvals;
(v) undertake any works (including buildings, structures or fences) to the Reserve
without the consent of Local Land Services;
(vi) place a lock on any gate on a Reserve without approval from Local Land
Services, and where approval is given You must use a combination lock and
provide the combination to the local office of Local Land Services.
(vii) shoot, trap, bait or otherwise harm protected native fauna on the Reserve;
(viii) cultivate the Reserve;
(ix) overstock the Reserve, as determined by Local Land Services Biosecurity
Officer, having regard to good practice;
(x) mine, remove, extract, dig up or excavate any sand, stone, rock (including bush
rock), gravel, clay, loan, shell, timber or similar substance on the Reserve; or
(xi) clear the Reserve (including native vegetation) without the consent of Local Land
Services and without all other approvals required under the Native Vegetation Act
Central Tablelands Local Land Services
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2003, the Threatened Species Conservation Act 1995 and any other relevant
legislation.
d) You must immediately notify Local Land Services of the discovery of any artefact and
comply with the Local Land Services' directions in relation to those artefacts.
e) If You fail to comply with any term or condition of this Agreement, then Local Land
services may by notice direct You to:
(i) cease anything that you are doing on the Reserve; and/or
(ii) carry out within the time specified in the notice, or such other time as Local Land
Services may direct in writing, any works necessary to rectify or remedy the noncompliance.
f)
You must comply with any notice issued by Local Land Services at Your own
expense. If You fail to comply with the notice within the specified time (or if no time is
specified within a reasonable time), Local Land Services may remedy Your default
and recover the cost of doing so from You.
Part 2: Special Conditions
1. You are to pay the annual fee in full and in advance unless otherwise agreed to in writing
by the Local Land Services. These fees will be paid prior to any livestock being placed
on the Reserve.
2. Reserves not paid in full by the successful applicant within 30 days of invoice being issued
(or payment plan approved) may be eligible for Expression of Interest by another
applicant.
3. You may terminate this Agreement on not less than 30 days' prior written notice to Local
Land Services. Local Lands Services may at any time terminated the permit on the
direction of either The Minister, The Board of Chairs or the Regional Local Land Service
Board.
4. Within a period determined by Local Land Services, You must provide a land
management strategy in a required form to Local Land Services for approval. Once
approved by Local Land Services, you must ensure that the Reserve is grazed in
accordance with the land management strategy.
5. The Grazing Permit is not transferable nor is the reserve to be sub-let. If the area over
which this Permit is issued adjoins the Permit Holder’s holding, and the holding is sold,
the Permit is not transferable to the new owner of the holding. The Central Tablelands
LLS must be advised in writing that the Permit is to be cancelled. The new owner of the
holding must make written application for consideration of a Grazing Permit over the
area if they wish to make use of the area.
6. If you have a Grazing Permit revoked you may be ineligible for approval for another
Grazing Permit on any reserve for a period specified by the Local Land Services.
7. You must control Noxious Weeds and environmental weeds by hand methods or by
selective herbicide application that will not damage, kill or destroy native vegetation.
Noxious Weeds has the same meaning as that term is defined in the Noxious Weeds Act
1993 (NSW).
8. You must control declared pest animals or insects and nuisance animals if directed by
the Local Land Services on the Reseve. Failure to continually suppress and destroy may
result in termination of the permit and the Local Land Services carrying out the work at
the permit holder’s expense.
Central Tablelands Local Land Services
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9. Any herbicides or pesticides used by You or on Your behalf in effecting weed or pest
animal control (or for any other purposes) shall be used in accordance with the
provisions of the Pesticides legislation &/or the product label. Copies of chemical use
records for Reserve land are to be provided to Local Land Services if requested.
10. You undertake not to graze on the Reserve without specific approval from the Local
Land Services, the following stock; medullated fibre shedding sheep, goats.
11. You must remove any dead stock from the Reserve as soon as practical.
12. You accept that bona fide travelling stock have the right to access the Reserve for
access to water and overnight camping. The walking permit will specify the overnight
requirements of walking stock on Reserves where long term grazing permits are current.
13. You must not supplementary feed stock on the Reserve without Local Land Services
permission in writing.
14. No entire male horse (including a stallion, colt or rig), cattle (including bull or stag) or
sheep (including ram or stag) is permitted to be grazed on the Reserve without prior
written approval from Local Land Services. In circumstances where entire animals are
run on a reserve the permit holder will be responsible to ensuring the animal(s) are kept
on the reserve at all times, do not cause any damage to fences or infrastructure and do
not interfere with neighbouring stock. Permit holders may be requested to remove all
entire animals if this is not achieved.
15. Cattle
(a) All cattle placed on a Reserve must be identified with an NLIS device prior to being
moved onto the Reserve.
(b) Calves born on Reserves must be tagged with NLIS devices registered for the
Reserve.
(c) Cattle from dairy holdings must have a Dairy BJD Assurance Score of 7 or above
and that score must be maintained while the cattle are on the Reserve.
16. Grazing is not authorised on the reserve:
(a) When groundcover falls below 70%
(b) Average grass sward height falls below 8 cm
17. The Permit Holder shall not erect or cause to be erected any buildings sheds, fences, etc
without written authority from the Local Land Services.
18. Rogue stock that are giving trouble to adjoining landholders are to be removed
immediately.
19. There must be no diversion or interference with any natural flow of water on the reserve.
20. Local Land Services is unable to guarantee the status of the Reserve regarding Ovine or
Bovine Johnes Disease. Permit holders are encouraged to take appropriate risk
management measures.
21. Where water is supplied to the reserve you are responsible for the cost of supply. This
charge is in addition to the annual permit fee and will be billed as a separate tax invoice
when received from the supply authority. You are responsible for the cost of repair and
maintenance of the water structure where the damage is caused by you, your employee,
agent or livestock.
Definitions
In this Agreement the following terms, unless the contrary intention appears, mean:
Act means the Local Land Services Act 2013 (NSW) and includes any regulations issued
under that Act.
Central Tablelands Local Land Services
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Agreement means Your Permit and the terms and conditions of this Agreement.
Biosecurity Officer means Team Leader IS&PH, Senior Biosecurity Officer, Biosecurity
Officer or Biosecurity Support Officer.
Commencing Date means the date on which the Permit commences, as specified in the
Permit.
Crown means head of the commonwealth (King or Queen) in right of the State of New South
Wales, their officers, contractors, employees and agents.
Permit means the permit for grazing granted to You under the Act, of which this Agreement
forms part.
Reserve means the travelling stock reserve over which the Permit is granted.
Term means the duration of the Permit as specified in the Permit unless terminated earlier in
accordance with this Agreement.
Terminating Date means the date on which this Permit expires as specified in the Permit or
any sooner date on which the Permit is cancelled.
You and Your means the person described as the Permit Holder on the Permit and includes
your employees and agents.
Interpretation
The following apply in the interpretation of this Agreement:
Permit terms and conditions prevail: If any inconsistency arises between the Permit and
this Agreement, the terms of the Permit and any special conditions attached to it will prevail
to the extent of the inconsistency.
Applicable Law: The laws of New South Wales apply to this Agreement.
Headings and notes: Headings and notes have been inserted for guidance only and do not
form part of this Agreement.
Joint and Several Liability: Any covenant or agreement on the part of two or more persons
binds those persons jointly and severally.
Persons: A reference to a person includes a corporation and vice versa.
Plurals/Grammar: Words importing the singular number include the plural number and vice
versa, and where a word or phrase is defined, its other grammatical forms have
corresponding meanings.
Include: A reference to include or including means includes, without limitation, or including,
without limitation, respectively.
Parts: Anything includes each part of it eg a reference to the Reserve includes any part of
the Reserve.
No permitting Breaches: Any obligation on You under this Agreement to do or not to do
anything includes a further obligation that You will not permit or allow a breach of such
obligation by any other person.
References to legislation: References to statutes, regulations or instruments includes all
statutes, regulations or instruments amending, consolidating or replacing them.
Severability: If any provision in this Agreement is invalid or unenforceable this Agreement
will remain otherwise in full force apart from that provision, which will be deemed deleted.
Central Tablelands Local Land Services
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