A recent decision of the Western Australian State Administrative Tribunal highlights the important legal obligations of pastoralists to actively manage declared pests on their land.

The case, Kachana Pastoral Co Pty Ltd v Department of Primary Industries and Regional Development (2025), concerned feral donkeys on a Kimberley pastoral station. The Tribunal upheld a DPIRD Control Notice requiring the pastoralist to cull feral donkeys, finding that existing land management practices were not sufficient to control their number, distribution and spread.

The decision confirms that pastoralists have a positive and ongoing obligation under Western Australia’s biosecurity legislation to take reasonable and necessary measures to control declared pests. Importantly, these obligations apply regardless of whether a formal Control Notice has been issued.

The ruling also makes clear that alternative land management approaches or perceived ecological benefits of a declared pest cannot override the statutory requirement to control it. For pastoralists, the decision reinforces the importance of understanding their responsibilities under the Biosecurity and Agriculture Management Act 2007 (WA) and ensuring appropriate pest management measures are in place.

The full article from HHG Legal provides further detail on the case, the Tribunal’s reasoning and what the decision means for pastoralists.

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HHG Legal Group