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 Page 2 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 Page 3 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 Page 4 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 Page 5 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 Page 7 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 Page 8 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 Page 9 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 Page 10 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 Page 11 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 Page 12 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 Page 13 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 Page 14
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