The diversification lease reforms to land tenure in Western Australia, first announced in November 2021, are progressing with legislation set for introduction into Parliament in the second half of 2022.
When releasing the draft policy framework that will guide the future approval process and use of diversification leases on Crown land, Lands Minister John Carey commented: “Diversification leases will create a pathway for the development of more green energy generation in our State while respecting the rights of miners, Native Title holders and existing broad acre farming users.”.
The policy framework is intended to encourage economic diversification and investment by providing opportunities for pastoralists, Native Title parties and others to be involved in the growing renewables market which includes large scale clean energy projects and the expansion of carbon farming, hydrogen, wind and solar markets. This will assist the Western Australian Government’s commitment to net zero emissions by 2050.
The period of public consultation on the draft Policy Framework Guiding the Use of Diversification Leases on Crown Land closed on 19 August 2022 and amendments to the Land Administration Act 1997 (WA) (LAA) are currently being drafted. If approved, the LAA will be amended to include a new form of nonexclusive leasehold tenure known as a Diversification Lease. This new lease will allow multiple concurrent land uses without the need for permits and without compromising access by other key interests including the resources sector and Native Title parties.
Amendments to the LAA are expected to be for introducted into Parliament in the second half of 2022.
For further information and a copy of the draft Policy Framework Guiding the Use of Diversification Leases on Crown Land, see consultation.dplh.wa.gov.au