The Duty to Control – Declared Pests and the Obligations of Pastoralists (HHG Legal Group)
26.06.2026
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The Duty to Control – Declared Pests and the Obligations of Pastoralists (HHG Legal Group)

HHG Legal Group discusses the legal obligations of pastoralists and the duty to control declared pests, including the responsibilities landholders have in managing declared pests on their properties.

In Kachana Pastoral Co Pty Ltd v Department of Primary Industries and Regional Development (2025), the State Administrative Tribunal confirmed that Western Australian pastoralists have a positive and ongoing legal obligation to control declared pests under the Biosecurity and Agriculture Management Act 2007 (WA).

The Tribunal upheld a Control Notice requiring the culling of feral donkeys, finding that the pastoralist’s existing management practices were insufficient to reduce their number, distribution, and spread.

The decision reinforces that statutory biosecurity obligations take precedence over alternative land management philosophies or perceived ecological benefits of declared pests. It establishes an important precedent regarding the standard expected of landowners and occupiers in managing invasive species.

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