The owner of one of Western Australia's most iconic pastoral leases says he could be kicked off the land due to a legal stoush that has lasted more than 13 years.
Gnaraloo Station on the Ningaloo Coast is a popular tourist destination. One of its drawcards is the world-class surf that breaks off its shore.
However, the future of the pastoral lease remains uncertain.
Thirteen-year battle
Lease owner and pastoralist Paul Richardson claimed he was still waiting for the State Government to honour a decade-old agreement, which has made it difficult to maintain his stock.
"I have a legal contract that said I am entitled to water, yet 13 years later I still don't have it," he said.
"I can't bring sheep on because I don't have any legal right to the water, and the goats that we currently have as authorised stock are being killed by dogs and will be very soon shot by the Department of Biodiversity, Conservation and Attractions (DBCA).
"In the event that I was prevented from running stock, technically I would have broken my lease conditions and the government would take my lease off me."
In 2006, Mr Richardson surrendered a two-kilometre strip of coastal land to the Crown for a marine park in exchange for easements to water supply, access and services within that exclusion strip.
Mr Richardson claimed the DBCA could still legally refuse him the right to the water, which has stopped him running a sheep operation since 2008.
"I am very fearful for my pastoral lease," he said.
"This agreement was used to coerce me into signing the exclusion agreement in the first place.
"It sends a frightening message not only to pastoralists and farmers but to anyone who signs a contract with a Minister of the State Government."
Mr Richardson estimated the delay had cost him more than $2 million in income and $700,000 in legal fees.
State Government response to delay
In 2007, now state Agriculture Minister Alannah MacTiernan, was the Planning and Infrastructure Minister when the agreement was signed.
The issue now lies with the Department of Planning, Lands and Heritage.
In a joint response, a State Government spokesperson said the Pastoral Exclusion Agreement was entered into in 2004 with the former lessee of Gnaraloo.
"In exchange, easements would be granted to allow access and pastoral infrastructure across the excised area, as well as the amalgamation of areas of unallocated Crown land into two general leases also held by the lessee," they said.
"The pastoral lease was transferred to the current lessee in 2005 and this agreement is still in place."
The State Government said an Indigenous Land Use Agreement (ILUA) had been agreed between the state and the native title holders, which allowed for the amalgamations and grant of easements to occur on the basis of a suppression of native title rather than extinguishment.
"The ILUA was to be executed and registered with the National Native Title Tribunal in mid 2020, however this has been delayed because of an objection by Mr Richardson," the spokesperson said.
The statement said that if the proposed easements could not be agreed, the lessee would need to negotiate with the DBCA about access to and use of pastoral lease infrastructure in the excision area.
Mr Richardson said it was mischievous for the Minister's office to assert his actions would cause delay to the registration of the ILUA.
"The reason I have had to bring the legal action is that the State Government has not honoured its previous written agreements with me," he said.
