OzFclass

Hi guys and gals,
Would anyone be able to tell me if a permissive shooting rights form is needed if there is no one inside the danger zone template? My club in Cobar nsw will be shutdown if we cannot get the local pony club who are essentially squatting on our lease and template. Ie our lease and template are one and the same. If we are able to kick the pony club off our lease their legally leased block falls outside of our template. We are waiting for western lands to get back to us on what our options are.

G'Day Mitchell,
Your template may be over several properties. The land you are leasing may only be the range proper, or part of the template. You should be able to find out the lot numbers you are leasing to see if this is correct. In Tumut, we have a neighbour within our safety template, so, we have to get a "permissive firing rights" document signed. Cootamundra, for example, have several property owners within their template.

Greg Warrian...........TRC.

Hi Greg,
Our lease and template are one in the same, we checked this out over the last week. So essentially we have squatters who think that they have title over our lease. Hope that makes sense, there is no one else but us in our lease/template

A lease is nothing more than a piece of paper until you assert your rights as defined in the lease.

Get your facts together, and then write a 'cease and desist' letter. Then you have asserted your rights, Past this point the other party is trespassing and knows they are trespassing and knows they have to vacate, then you have ammunition.

I stress, get your facts straight, keep it simple, keep emotion out of it, be business like and don't engage verbally.
Pete

Get some legal advice. It might cost you some money but it might save your range

Thanks for the advice, I have talked to a lawyer who was recommended to me. The long and the short of it is after we confirm that the land in question is definitely ours we will write a letter outlining this to the the pony club with the notice to move off of our land. Then if we get any blow back we will turn the lawyer loose.

I wish you all the best. Last thing we need is to lose another rifle range.

Im sorry I know nothing about the legalities. I was wondering though if instead of kicking the pony club out, you can just get an agreement that they will stay out of the lease/template on shooting days? Would this allow you to shoot without making enemies in the community?

We have a couple of horse clubs competing for time and space on a crown reserve, and the best approach we find is one of cooperation. However we are being very careful not to lose any ground to them, because as we all know its nigh on impossible to open a new range nowadays, whereas new venues for pony clubs etc are relatively easy to find.

RDavies wrote:Im sorry I know nothing about the legalities. I was wondering though if instead of kicking the pony club out, you can just get an agreement that they will stay out of the lease/template on shooting days? Would this allow you to shoot without making enemies in the community?

We have approached them but they tell me head office has told them not to sign any forms, apparently the risk is too high

Hi Mitch,

Being also in NSW and having had a few dealings with FAR on our own range template I'd suggest the following may be good things to consider.

1. If you are indeed lucky enough to hold a lease or licence over the entire template then your in a very good position.
2. Part of your range license responsibilities is to keep your range secure and that includes the template. Trespassing on a range is an offense and can be outlined as such to those that are indeed trespassing.
3. I'd suggest a friendly talk first - this has always worked in the case of our range. It also goes to show that you are working with a positive intent and engaging with the group causing issues rather than being otherwise. Like it or lump it even when we are in the right we still must be seen as being reasonable even though it can be painful at times.
4. Whilst I cant comment on the current range inspectors in NSW the previous one was quite supportive of us. I recall having a map out on the bonnet of my Landcruiser having a discussion with the range inspector about range boundaries. Also present was a senior employee of another stage govt department who started being a bit aggro and making claims about where we where on the map and how we were trespassing. The range inspector gave him a bit of a lesson in map reading and then told him it was indeed him that was trespassing and that he would be happy to call the local general duties police to take care of the matter if he so liked.

Best of luck with it and let us know how you get on.