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Legislative Assembly for the ACT: 1999 Week 9 Hansard (2 September) . . Page.. 2911 ..

Some leases may not be able to reach full agricultural potential due to conservation issues but this would be the case without any LMA being in place. The LMA process will help inform lessees of these issues and identify means where productivity can be maintained or increased without compromising conservation values

5) The lessees of the 50 year full tenant rights leases own all improvements on or to the land. This includes things like buildings, fences, farm dams and pasture improvements but does not include any natural feature like a water course, remnant trees, or native grasslands.

Other jurisdictions, including NSW, are actively encouraging the fencing out of rivers and streams to restrict direct stock access to the banks. (Members would be aware of the advertising campaign currently being run on television.) The lessees will still be able to access the water for use for their stock and domestic purposes but it is preferable that the stock access this water off-stream.

Under normal situations where a lessee decides that the highest and best use of the land is to allow the native timber to regenerate the regrowth of the timber would mean the lease was reverting to it's natural state. This regrowth (or its previous clearance) would not be compensatable. But, where it is decided BY THE TERRITORY that an area should be allowed to regenerate then the value of the previous timber treatment will be recognised and the lessee suitably compensated should the Territory decide to resume the land for any purpose.

It is unlikely that there will be any conservation value in improved pasture so it is hard to see a case where the Territory will request a lessee to revert pasture improved land to its totally natural state.

It should be emphasised that LMA's are negotiated and it is our aim to achieve the best possible balance between protecting the natural values and maintaining a viable rural industry.

6) There will be a standard template lease for 99 year rural leases, which will include new clauses as necessary, as each lease may have different requirements. It is standard administrative practice that lessees are provided with a draft lease prior to the offer of a grant of a further lease. I do not propose to table the template lease in the Assembly.

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