Land report for the Busselton to Flinders Bay Rail ... - City of Busselton

Land report for the
Busselton to Flinders Bay Rail-Trail
Prepared for the Rail-Trail Steering Committee
Version 1.1 DRAFT, July 2013
Image from the rail-trail: Geographe Bay Road, Busselton (City of Busselton)

Document history
Version Description Date By
1.1 DRAFT Amendments following review by Rail-Trail Steering
Committee. Draft for public submissions.
24 July 2013 AS
2 of 22

Contents
Introduction ............................................................................................................................................ 5
Summary of findings and recommendations .......................................................................................... 5
History of the land that was the Busselton to Flinders Bay Railway ...................................................... 6
The opening of the Government Railway from Busselton to Flinders Bay ......................................... 6
Transfer of land from private interests to Government Railway ........................................................ 6
Discontinuance of the Government Railway and conversion to unallocated Crown land (UCL) ....... 6
Description of a typical railway reserve .................................................................................................. 7
Current tenure of the land that formed the Busselton to Flinders Bay Railway .................................... 7
Crown land .......................................................................................................................................... 7
Freehold land ...................................................................................................................................... 8
Land ceded to the Crown as a condition of subdivision ..................................................................... 8
Management of Crown land for the rail-trail ......................................................................................... 9
Local government to manage the rail-trail land ................................................................................. 9
Assignment of management responsibility to Crown land ................................................................. 9
How the Crown land of the rail-trail alignment is presently managed .............................................. 9
Constructed road on Crown Reserve ................................................................................................ 10
Encroachments ..................................................................................................................................... 10
Factors affecting land tenure and use .................................................................................................. 11
Aboriginal heritage............................................................................................................................ 11
Native title......................................................................................................................................... 11
Environment ..................................................................................................................................... 12
Use of Crown land by public utilities ................................................................................................ 12
Adjoining land owners and land use options ........................................................................................ 13
Adjoining land owners ...................................................................................................................... 13
Primary and alternate uses of the rail-trail reserve .......................................................................... 13
Primary and other authorised use ................................................................................................ 13
Use of Crown Reserve by adjoining land owners – Licences and leases ...................................... 14
Use of Crown Reserve by adjoining land owners – Permitted uses ............................................. 14
Commercial use of Crown Reserve ............................................................................................... 14
Rail-trail reserve management ............................................................................................................. 14
References ............................................................................................................................................ 15
Appendix A – Crown land that forms the rail-trail corridor .................................................................. 16
Augusta Margaret River .................................................................................................................... 16
3 of 22

Busselton ........................................................................................................................................... 18
Appendix B – Aboriginal heritage sites and places ............................................................................... 20
Appendix C – Constructed road on Crown Reserve .............................................................................. 21
4 of 22

Introduction
This report forms part of a master plan for the development of a world-class recreational rail-trail to
commemorate the heritage of the former Busselton to Flinders Bay Railway and its linkage with the
communities of the region. It is on the original 106km railway alignment that the rail-trail is planned
to be constructed, where practicable.
The report focuses on the tenure, use, management and issues relating to the land on which the railtrail
is proposed to be placed, and should be read with the Rail-Trail Master Plan and related
documents.
Summary of findings and recommendations
Following is a summary of the key findings and recommendations from this report:
A ceremony celebrating the extension of the WA Government Railway to Flinders Bay was
held 17 May 1925.
The discontinuance of the Government Railway from Busselton to Flinders Bay by
proclamation of the Governor was gazetted on 21 May 1965.
With the discontinuance of the Government Railway in 1965, the land reverted to
unallocated Crown land (UCL), free of any interests and claims.
Most of the original railway reserve land remains as Crown land (i.e. land that is held by the
State of Western Australia). But sections of the former railway reserve are now private
(freehold) land.
The land proposed for the use of the rail-trail is all Crown land. No portion of the rail-trail is
proposed to be placed on private land.
Most of the Crown land is Crown Reserve vested the Shire of Augusta Margaret River, or the
City of Busselton, depending on the district.
For the Crown land that is not presently vested with a local government, the respective local
government should advise the Department of Lands that it is willing to accept management
responsibility for the land. NOTE: The Shire of Augusta Margaret River has already done this.
There are a number of encroachments (unauthorised uses) of the Crown land including
grazing, plantations, vehicle access and waste disposal. Encroachments should be are
removed at cost to the persons causing the encroachment.
Factors that may affect the use and management of the rail-trail reserve include
environmental, Aboriginal heritage and use of the reserve by public utilities.
The primary uses for the proposed rail-trail reserve should be recreation, heritage and
landscape protection.
There may be opportunity for other authorised uses of the rail-trail reserve such as grazing
and commercial use, subject to the uses being consistent with the rail-trail objectives,
applicable legislation and approval of the Department of Lands.
Roads have been constructed on sections of the rail-trail reserve. The respective local
government should determine appropriate dedication of the affected Crown land (i.e.
dedicate as public road or keep as Crown Reserve) before making a request to the
Department of Lands.
5 of 22

History of the land that was the Busselton to Flinders Bay Railway
The opening of the Government Railway from Busselton to Flinders Bay
The extension of the WA Government Railway network from Busselton to Flinders Bay was opened
in two sections. The Busselton to Margaret River section was declared open at an official ceremony
on 7 November 1924 (The West Australian, 10 November 1924). The extension of the Government
Railway from Margaret River to Flinders Bay was opened on 17 May 1925 (The West Australian, 19
May 1925).
Transfer of land from private interests to Government Railway
While the Margaret River to Flinders Bay section was opened as an extension of the Government
Railway in 1925, the railway had been operating for many years prior. The railway was originally
constructed by Maurice Coleman Davies who began timber cutting in the Karridale area in 1879.
During the decades that followed, Davies established mills, roads, railways and jetties at Flinders Bay
and Hamelin Bay.
Control of Davies’ timber company eventually passed to the Millar’s Timber and Trading Company
Limited. It was from that company that the WA Government purchased the railway, land, Flinders
Bay jetty, moorings and other assets and inventory attached to the railway.
The Government was granted authority to enter into the agreement to purchase the railway through
the Flinders Bay-Margaret River Railway Act, 1913. The purchase was later confirmed by the
Flinders Bay-Margaret River Railway Act, 1916, and in that latter Act, the railways and lands were
vested with the Crown. Those Acts do not refer to any other legislation, so presumably, the
agreement between the WA Government and Millar’s Timber was a commercial arrangement and
the railway and land was not compulsorily purchased.
The authority to extend the Government Railway from Busselton to Margaret River was enacted by
the Boyanup-Busselton Railway Extension Act, 1914. That Act enabled a railway extension to be
constructed from Busselton to Margaret River within one mile either side of a line described in the
Schedule; and for any land required for the railway to be taken under the Public Works Act, 1902,
and compulsorily purchased. Similarly, variations to the line of the railway from Busselton to
Flinders Bay River were enacted as follows:
Busselton-Margaret River Railway Deviation Act, 1922,
Busselton-Margaret River Railway Deviation No.2 Act, 1923, and
Flinders Bay-Margaret River Railway Deviation No.1 Act, 1923.
Discontinuance of the Government Railway and conversion to unallocated
Crown land (UCL)
Train services ceased on the Busselton to Flinders Bay Railway from 1 July 1957 (Milne, 2011).
The Railways (Cue-Big Bell and other Railways) Discontinuance Act, 1960, enacted that on the
proclamation by the Governor of section 11 of the Act, the railway constructed from Busselton to
Flinders Bay ceased to operate; and under section 13 of the same Act, all portions of railway land be:
6 of 22

evested in Her Majesty as of her former estate freed and discharged from the estate, right,
title, interest, claim or demand of all persons whomsoever to or in respect of the lands and
rights, and any of those portions of land which are under the operation of the Transfer of
Land Act, 1893, are hereby removed from the operation of that Act.
With the Governor’s proclamation on 10 May 1965, as gazetted on 21 May 1965, the land that
formed the Busselton to Flinders Bay Railway reverted to unallocated Crown land (UCL), free of any
interests or claims. This means that any interests or claims that may have existed on the railway
reserve land prior to 10 May 1965 are not valid due to an Act of the WA Parliament.
Description of a typical railway reserve
The land of the railway reserve was typically 40m (2 chains) or 60m (3 chains) wide, although
sections were narrower. Adjacent to the railway, a public road reserve of 20m (1 chain) width may
have run parallel with the railway on one or both sides. In parts then, the width of the combined
road and railway reserves may have been up to 100m.
The railway line would normally have been located in the centre of the railway reserve, and normally
on a drained formation. Depending on the contours of the land, the formation may have been on
level ground, elevated or within a cutting.
The reserve land either side of the railway line was kept clear of vegetation, apparently to minimise
the likelihood of a bush fire starting from hot ash that would often spill from the steam locomotives.
At sidings (train stopping places), the area of land expanded to accommodate the additional track,
loading platforms and buildings.
Current tenure of the land that formed the Busselton to Flinders Bay
Railway
Crown land
With the railway reserve land declared unallocated Crown land (UCL) in 1965, the WA Government
had the options to lease, sell or otherwise dispose of the land. All three of those options have
occurred to various portions of the former railway reserve.
Today, most of the land remains as Crown land (i.e. held by the State of Western Australia) in one of
the following forms:
1. As a Crown Reserve dedicated for a public purpose (such as recreational trail or heritage
trail) and vested with the respective local government. This is the desired category for the
land of the rail-trail.
2. As Crown Reserve vested with local government with the power to lease or licence. An
example is Crown Reserve 17319 of King Street, West Busselton, where the City of Busselton
has entered in a lease agreement with a local community group over a portion of land that
was railway reserve.
7 of 22

3. As a Crown Reserve for a public purpose and vested with a government agency, other than
local government. The site of the Busselton Health Campus is one example of where the
alignment of the rail-trail may need to enter slightly onto the grounds of the campus.
Where this is the case, consent of the reserve management body should be attained.
4. As a Crown Reserve dedicated for a public purpose but unmanaged. This report identifies
the reserves that are in this category and recommends that the local government advises
the Department of Lands that it is willing to accept care, control and management
responsibility of the reserves.
5. As unallocated Crown land (UCL). As UCL, the land is not dedicated for a particular public
purpose and is unmanaged, although by default, the Department of Lands has responsibility
for the land. This report identifies the UCL and recommends that the local government
advises the Department of Lands that it is willing to accept care, control and management
responsibility of the reserves.
6. As a public road. Examples of where the former railway is now public road are sections of
Fairway Drive and the Busselton Bypass. Like those examples, the rail-trail may co-exist with
a public road (with the approval of Main Roads WA where the road is a declared main road).
7. As leasehold. Since 1965, the WA Government entered into several leasehold arrangements
with adjoining land owner for various purposes, but typically for grazing. Only one leasehold
lot remains.
Freehold land
Portions of the former railway that are now freehold (or private) property include:
The residential lots just west of the Vasse Diversion Drain, West Busselton.
A section west of Fairway Drive and north of the Busselton Bypass where the Par 3 Golf
Course is located.
A 2.3km section just south of the Busselton Bypass, near Red Gum Way, in Vasse is now rural
residential land.
A 1.3km section between Gnarawarry Road and Rowe Road in Witchcliffe is now rural land.
A section just south of Sebbes Road in Forest Grove is now rural land.
The rail-trail project does not propose to place the trail on any private land, and does not propose
that any land is acquired for the purpose of the rail-trail.
Land ceded to the Crown as a condition of subdivision
Lot 5215 of Crown Reserve 46082 adjacent to Hayes Road, Yallingup Siding needs explanation to
clarify the alignment of the lot boundary being on the alignment of the railway. Lot 5215 derived
from land that was Government Railway land, where the railway reserve land was sold and
amalgamated with adjoining property. Portion of that property was then ceded back to the Crown
as a condition of subdivision, and dedicated as a reserve for recreation purpose.
Land ceded to the Crown as a condition of subdivision (or what is often referred to as section 20A
reserves) may be subject to planning conditions and WA Government land policy. The use of Lot
5215 for a recreational rail-trail purpose is consistent with the Crown Reserve purpose of ‘public
recreation’.
8 of 22

Management of Crown land for the rail-trail
Local government to manage the rail-trail land
An objective of the rail-trail project is for local government to accept the ongoing management
responsibility for the trail.
The project recognises that the rail-trail will only succeed with effective ongoing management of the
trail; and that the respective local governments are best placed to manage the trail. Local
government has the expertise and capability required to manage the key elements of the trail
including the path, drainage, waterway crossings, signage, parks and facilities. Also, local
government has a legislative function that may help to ensure the proper and authorised uses of the
trail.
Assignment of management responsibility to Crown land
It is the role of the Department of Lands to administer Crown land in accordance with the Land
Administration Act 1997. Through that Act, the Department may assign a ‘management order’ over
a Crown Reserve to a management body, such as a local government authority. On accepting a
management order, the management body accepts the care, control and management responsibility
for Crown Reserve to the purpose of the reserve and the conditions placed on the management
order.
How the Crown land of the rail-trail alignment is presently managed
Most of the land of the proposed rail-trail alignment is already Crown Reserve with a management
order assigned to the respective local government. For a listing of the reserves, refer to Appendix A.
The following tables provide a summary of the Crown land that makes up the rail-trail and its
management status.
Local government Crown Land category Total area
(Ha)
% of
total
Shire of Augusta Margaret River Crown Reserve – Managed by Shire 410.1 97.1
Unallocated Crown land 12.3 2.9
Total: 422.4
City of Busselton Crown Reserve – Managed by City 129.5 62.8
Crown Reserve – Unmanaged 58.7 28.5
UCL and Leasehold 17.9 4.3
Total: 206.1
Table 1: Summary of Crown land that forms the rail-trail
For the Crown land that is unmanaged Crown Reserve or unallocated Crown land, this report
recommends that the respective local government advises the Department of Lands that it is willing
to accept a management order over the Crown land. NOTE: The Shire of Augusta Margaret River has
9 of 22

made a request to the Department of Lands. The City of Busselton will make a request following the
endorsement of a request by the Council.
At a few places, the rail-trail alignment will cross into Crown Reserve that is managed by an authority
other than a local government, such as drainage reserve managed by the Water Corporation. At
these places, an agreement should be reached between the other authority, the local government
and the Department of Lands. The agreement should address any liability issues and ensure that the
integrity of the rail-trail asset is maintained.
Constructed road on Crown Reserve
At several locations, road has been constructed on the line of the former railway (and the preferred
alignment of the rail-trail), but the land remains as Crown Reserve, rather than dedicated as public
road. The implication here is that the use of the land as road may not be consistent with the legal
use and land dedication (e.g. recreation reserve).
In these situations, a decision should be made by the respective local government as to whether the
land should be dedicated as public road, or whether the land should remain as Crown Reserve with
consideration given to the status of the constructed road. In making the decision, a number of
factors should be considered such as road traffic volume and the count and type of destinations that
the road services.
Blythe Road, Yallingup Siding, is one example. In this instance, the road services a number of
destinations including tourist destinations, and the primary use of the road is clearly a public road.
Due to the terrain and the environmentally sensitive nature of the surrounding vegetation, the
current alignment of the road is the best fit. For Blythe Road then, the road land should be
dedicated as public road and the rail-trail will share the road, although the constructed road may
need redesign to accommodate safe shared use as a trail.
Ryan Road, Metricup, is another example. In this instance, the constructed road services only a few
properties and each have alternate access to the constructed road network, except for one property.
For Ryan Road, the land should remain as Crown Reserve with vehicle access to adjoining property
provided on a permit basis under the City of Busselton Local Government Property Local Law. The
constructed road may then be used primarily as a rail-trail, with restricted vehicle access.
Encroachments
In this report, an encroachment is defined as a use of Crown land that: (a) is not authorised; (b) is
not consistent with the purpose for which the land is reserved or dedicated; or (c) is not consistent
with any current or valid agreement.
The types of encroachments that have been identified on the rail-trail corridor include:
Grazing
Plantations
Vehicle access
Fencing
Structures, dams and other developments
10 of 22

Waste disposal sites, particularly in railway cuttings
Encroachments limit the enjoyment and use of the land for its intended purpose and can detract
from the project objective of creating a world-class rail-trail experience. For this reason, the rail-trail
project aims to ensure that all encroachments are removed from the rail-trail reserve and the land is
reinstated at the cost of the persons that caused the encroachment.
To clearly delineate the boundary between private property and Crown land and to minimise the
likelihood of encroachments reoccurring, the rail-trail project proposes to fund the cost of fencing
rural properties to the correct survey boundary. While local government is exempt from the
Dividing Fences Act 1961 for Crown Reserves that it manages, the project aim is to resolve any
property boundary issues and avoid the potential for any ongoing dispute about property
boundaries.
Factors affecting land tenure and use
Aboriginal heritage
Permits may be required from the Department of Aboriginal Affairs before construction and
maintenance works may commence on the trail, especially where the works is located on areas
registered as Aboriginal heritage sites or places. Depending on the nature of the works and the
location, the Department of Aboriginal Affairs should be consulted for further advice, specifically in
relation to processes that will ensure compliance with section 18 of the Aboriginal Heritage Act 1972
and regulation 10 of the Aboriginal Heritage Regulations 1974.
Aboriginal heritage sites and places shown (on the Department of Aboriginal Affairs heritage
register) as being within 600m of former railway reserve are listed in Appendix B. The sites and
places have archaeological and anthropological significance and this significance should be respected
and observed at all stages of the rail-trail project.
Given the land was disturbed during the construction and operation of the original railway, it is
unlikely though that Aboriginal heritage will be disturbed any further, provided the construction of
the rail-trail is on the line of the original railway. This view is supported in consultation with the
Aboriginal community as reported in the ‘Cultural Heritage Values Assessment for the Rails to Trails
Project’ (Applied Archaeology Australia, 2013).
Heritage management plans that form part of a broader reserve management plan should be
prepared and approved to ensure ongoing compliance with legislation and respect for the Aboriginal
heritage.
In addition to complying with the legislative requirements, the rail-trail project aims to recognise
through interpretation the significance of the Aboriginal heritage to the region. This heritage work
forms part of separate reports that make up the master plan for the project.
Native title
Exclusive use of Crown land for railway and public works purpose should extinguish native title over
the land, so construction of a rail-trail on the original railway alignment should not constitute a
‘future act’ affecting any native title rights under the Native Title Act 1993 (Commonwealth).
11 of 22

But the native title claims in the south west region are yet to be settled. To that effect, the WA
Government continues to negotiate with the south west native title claimants through the South
West Aboriginal Land and Sea Council (SWALSC). On 5 July 2013, the WA Government presented the
SWALSC with a final settlement offer that includes among other things, the establishment of the
Noongar Boodja Trust and the transfer to the trust of up to 320,000 hectares of Crown land (‘The
South West Native Title Settlement’, Department of Premier and Cabinet,
www.dpc.wa.gov.au/lantu/Claims/Pages/SouthWestSettlement.aspx).
At this stage, the rail-trail project is not clear what Crown land has been considered for transfer as
part of the native title settlement. But the offer may consist of Crown land proposed for the rail-trail
that is not vested with a management body, or under leasehold.
Environment
Environmental surveys conducted by environmental consultants for the rail-trail project found
places of significant flora and fauna including declared rare flora and threatened species of fauna.
The environmental consultants have completed a study of the rail-trail land end to end, and the
information has been submitted as part of an application for clearing and other environmental
permits needed before construction of the trail may commence. The clearing permit application is
still being assessed and the process may result in changes to the proposed alignment and the
specification of the rail-trail.
While clearing of vegetation will be required to construct the trail, an objective of the rail-trail
project is to enhance the landscape. This may be achieved through improved reserve management
in accordance with a reserve management and maintenance plan (EMMP) and by revegetating
cleared areas of land.
An EMMP has been prepared in draft form by the environmental consultants, ‘Environmental
Management and Maintenance Plan – Busselton to Flinders Bay Rail Trail’ (NGH Environmental,
2013), in draft form as prepared by the environment consultants to the project. One
recommendation from that document is that the width of the vegetation on the reserve should be
maintained at no less than 40m to 50m to minimise what is referred to as the ‘edge effect’. This is
where a linear corridor of vegetation is too narrow and becomes unsuitable for a range of bird and
animal species. This requirement has implications for alternate uses that may be proposed for the
rail-trail reserve and highlights the importance of maintaining the width of the reserve corridor.
One avenue for revegetating cleared land is through clearing offsets programme, where vegetation
of land is required as a condition of a permit to clear native vegetation elsewhere. This report
recommends that the rail-trail reserve should be used for clearing offset programmes for the railtrail
and other projects, but at locations identified for re-vegetation in the EMMP for the rail-trail
reserve.
Use of Crown land by public utilities
Public utilities may operate under legislation that permits the authority to use Crown land without
the placement of the care, control and management responsibility for the land with the utility.
While this practice is not usual, it has occurred at a few locations within the former railway reserve.
12 of 22

Specifically, within the rail-trail reserve adjacent to Vasse Yallingup Siding Road between Vasse and
Quindalup, Water Corporation has constructed open drainage and three water pump stations.
Consultation will be required with Water Corporation to determine land tenure arrangements are
acceptable to the Department of Lands, the Water Corporation and the City of Busselton.
Adjoining land owners and land use options
Adjoining land owners
The success of the rail-trial will depend on the acceptance of the project by adjoining land owners.
There are benefits to adjoining land owners of a well constructed, world-class rail-trail. Where the
rail-trail passes by property, those adjoining owners and residents will have direct access to a worldclass
experience. Also, as the number of trail users increases, commercial opportunities (such as
B&Bs or cellar doors) may arise, and the adjoining land owners should be best positioned to
capitalise on the economic benefits.
Adjoining land owners are important to the trail as they may monitor the trail and trail use, and may
be the first to identify and report any issues or hazards before they become a problem. If supportive
of the project, adjoining land owners may be encouraged to participate in a ‘friends of the rail-trail’
volunteer group and help with the maintenance of the trail.
Understandably, adjoining land owners have concerns about the rail-trail project. To address those
concerns, the trails development planning consultant for the project was asked to contact adjoining
land owners to better understand any issues and address those issues with workable solutions. The
result of the trails consultant’s work is the ‘Busselton to Flinders Bay Rail Trail – Trail Development
Plan’ (Transplan, 2013), and an entire section of the first volume of the report is dedicated to
adjoining land owner issues, with further drawings and detail shown in the second volume.
Furthermore, the management of the Crown Reserve land in accordance with an effective reserve
management plan will address a number of issues identified by adjoining land owners such as
control of fire hazard, weeds and feral animals.
In addition, this report recognises opportunities for authorised use of Crown land. These are
described in the following sub-section.
Primary and alternate uses of the rail-trail reserve
Primary and other authorised use
The primary uses proposed for the rail-trail land are recreation, heritage and landscape protection.
Apart from the primary uses, other land uses may be authorised. Criteria that should apply in the
assessment of alternate authorised use of the land are as follows:
The proposed use should be consistent with the objectives of the rail-trail, and in keeping
with the rail-trail as a world-class amenity.
The proposed use should not impact on the use and enjoyment of the reserve as a rail-trail.
13 of 22

The proposed use should be of negligible risk to the rail-trail, trail users and trail
management and maintenance employees.
Use of Crown Reserve by adjoining land owners – Licences and leases
The rail-trail project recognises that agriculture and viticulture is an important part of the regional
landscape and should form part of the rail-trail experience.
There may be opportunities for authorised use of the rail-trail reserve land by adjoining land owners
for purposes such as grazing, viticulture or other use. This may be achieved through a licence or
lease agreement between the adjoining land owner and the respective local government (as the
management body for a Crown Reserve), provided the agreement is: (a) consistent with applicable
legislation; (b) consistent with the conditions of the management order over the Crown Reserve; and
(c) approved by the Department of Lands.
To facilitate the use of the rail-trail reserve for grazing, the ‘Busselton to Flinders Bay Rail Trail – Trail
Development Plan’ (Transplan, 2013) provides a few solutions with fencing and stock crossings. This
would allow an adjoining land owner to enter into a grazing licence or lease on both sides of the trail
path.
Use of Crown Reserve by adjoining land owners – Permitted uses
Crown Reserve land that is vested with local government falls under the definition of ‘local
government property’ under the Local Government Act 1995. This allows local government to
permit certain uses of Crown Reserve land, provided this is in accordance with the Local Government
Act 1995, local laws and other applicable legislation.
A permit for vehicle access over the reserve is one example that may be permitted under local law,
subject to any conditions applied by the local government.
Commercial use of Crown Reserve
An objective of the rail-trail project is that local communities derive an economic benefit from the
traffic of users that are expected to be drawn to the region to experience the rail-trail.
The rail-trail project does not propose large scale commercial businesses to operate from the railtrail
reserve, as nearby landholders should be encouraged to realise the commercial opportunities.
But, there may be opportunities for small-scale commercial use of the Crown Reserve at certain
points, by businesses that complement the rail-trail objectives.
Referring to the earlier section regarding leasing and licences, local government may consider
entering into agreements with certain businesses to operate adjacent to the rail-trail. Examples of
the types of commercial uses that may be appropriate on the trail reserve are a cafe or a bicycle hire
site.
Rail-trail reserve management
The rail-trail reserve management plan requires further research and development. The following
documents form a good basis:
14 of 22

‘Busselton to Flinders Bay Rail Trail – Trail Development Plan’ (Transplan, 2013), devotes
sections 10 and 11 of the document to the management of the trail and the reserve
‘Environmental management and maintenance plan’ (NGH Environmental, 2013)
‘Construction management plan’ (NGH Environmental, 2013)
Other inputs to the reserve management plan might include the approved trail development plans,
Aboriginal heritage, other authorised uses of the rail-trail reserve, risk assessment, control of
activities and behaviours, and the structure and roles of any volunteer groups.
The costs to manage and maintain the rail-trail reserve are difficult to estimate at this stage as a lot
will depend on the planning approvals, quality of the constructed rail-trail and the level of support
and from volunteers; and further assessment, breakdown and analysis of the type and area of land
to be managed.
References
Applied Archaeology Australia, ‘Cultural Heritage Values Assessment for the Rails to Trails
Project’, January 2013.
ComLaw, Australian Government, www.comlaw.gov.au.
Milne, Rod, ‘The Flinders Bay Branch – Timber Tramway to Government Railway’, Australian
Railway History Volume 62, Number 881, March 2011, www.arhsnsw.com.au/arh.htm.
NGH Environment, ‘Environmental Management and maintenance plan – Busselton to
Flinders Bay Rail Trail’, Draft, June 2013.
NGH Environment, ‘Construction Management Plan – Busselton to Flinders Bay Rail Trail’,
Draft, June 2013.
State Law Publisher, Government of Western Australia, www.slp.wa.gov.au.
The West Australian, ‘Margaret River Railway - Official opening. Mr McCallum optimistic’, 10
November 1924, page 6, trove.nla.gov.au.
The West Australian, ‘A new railway - Margaret River to Flinders Bay – Opening ceremony’,
18 May 1925, page 7, trove.nla.gov.au.
Transplan, ‘Busselton to Flinders Bay Rail Trail – Trail Development Plan’, May 2013.
15 of 22

Appendix A – Crown land that forms the rail-trail corridor
The following tables list the Crown land that forms the rail-trail, except for public roads.
Augusta Margaret River
Reserve
No / Type
Reserve purpose
Management
order
Comprises
Area
(Ha)
Locality
20761 Recreation and
Community Centre
Shire of Augusta-
Margaret River
Lot 3000 / P48022 26.4739 Augusta
29668 Aerial Landing
Ground
Shire of Augusta-
Margaret River
Lot 380 / P66817
Lot 315 / P71103
56.1629 Augusta
35113 Parklands Shire of Augusta-
Margaret River
Lot 4659 / P91199 3.6850 Witchliffe
37794 Waste Water
Treatment Works
Site
Water
Corporation
Lot 831 / P215212 19.0453 Augusta
38118 Parklands Shire of Augusta-
Margaret River
Lot 181 / P215414
Lot 194 / P215414
Lot 249 / P219029
Lot 250 / P219029
1.6786 Margaret River
39289 Parks and
Recreation
Shire of Augusta-
Margaret River
Lot 400 / P70862
Lot 204 / P240262
27.3303 Margaret River
Lot 221 / P190274
43215 Heritage Trail Shire of Augusta-
Margaret River
Lot 4984 / P243172
Lot 5266 / P220451
Lot 350 / P50851
Lot 505 / P59008
Lot 506 / P59008
88.8005 Bramley
Cowaramup
44736 Municipal Offices,
Park and
Recreation
Shire of Augusta-
Margaret River
Lot 261 / P192821 1.4238 Margaret River
47016 Heritage Trail Shire of Augusta-
Margaret River
Lot 4643 / P195471 5.2078 Margaret River
16 of 22

Reserve
No / Type
Reserve purpose
Management
order
Comprises
Area
(Ha)
Locality
47049 Heritage Trail Shire of Augusta-
Margaret River
Lot 4948 / P92109
Lot 4948 / P92109
Lot 5222 / P194272
Lot 4522 / P27322
Lot 4629 / P26838
Lot 4633 / P206347
Lot 4740 / P26317
Lot 4741 / P26318
Lot 4894 / P4369
Lot 4885 / P189634
Lot 4877 / P26293
Lot 4878 / P4894
Lot 4882 / P27433
Lot 5089 / P192900
Lot 5090 / P192900
Lot 5088 / P192900
Lot 4925 / P190282
Lot 4926 / P190282
Lot 5415 / P195464
Lot 5436 / P27433
Lot 5437 / P27321
Lot 5438 / P27432
Lot 5439 / P27429
Lot 5440 / P27429
Lot 5441 / P27428
Lot 5442 / P27427
Lot 5443 / P27435
Lot 5444 / P27435
Lot 5445 / P27423
Lot 5446 / P27424
Lot 5459 / P27434
Lot 5460 / P27429
Lot 5462 / P27427
Lot 4880 / P27425
Lot 5475 / P31079
Lot 5474 / P31079
Lot 300 / P48548
191.5032 Forest Grove
Karridale
Margaret River
Deepdene
47943 Heritage Trail Shire of Augusta-
Margaret River
Lot 297 / P36399 0.1706 Margaret River
48838 Recreation and
Community
Facilities
Shire of Augusta-
Margaret River
Lot 500 / P56225
Lot 501 / P56225
Lot 504 / P60360
6.9668 Cowaramup
17 of 22

Reserve
No / Type
Reserve purpose
Management
order
Comprises
Area
(Ha)
Locality
50552 Emergency Services
Site and
Community Centre
Shire of Augusta-
Margaret River
Lot 135 / P211917 0.6806 Margaret River
Busselton
Reserve
No / Type
Reserve purpose
Management
order
Comprises
Area
(Ha)
Locality
16061 Drainage Water
Corporation
Lot 866 / D4170
Lot 57 / P5399
5.6089 West Busselton
17319 Recreation City of Busselton Lot 4539 / P211912 11.1035 West Busselton
33879 Recreation City of Busselton Lot 4540 / P211912 1.0649 West Busselton
36715 Parklands Lot 4696 / P240160 32.0977 Yallingup Siding
36716 Parklands City of Busselton Lot 4697 / P240159
Lot 5490 / P33292
36717 Parklands Lot 4870 / P140801
Lot 500 / P69596
Lot 501 / P69596
Lot 502 / P69596
Lot 503 / P69596
37813 Public Recreation City of Busselton Lot 4761 / PD61721
Lot 4789 / P14463
26.2940 Metricup
24.5233 Quindalup
Anniebrook
2.0944 West Busselton
41554 Recreation City of Busselton Lot 502 / P62966 0.3433 West Busselton
42667 Recreation City of Busselton Lot 5230 / P194433
Lot 301 / P38818
Lot 305 / P38818
Lot 311 / P38818
1.6549 West Busselton
44755 Public Recreation
and Geodetic
Infrastructure
City of Busselton
WA Land
Information
Authority
Lot 5020 / P15296 4.0592 Vasse
46082 Public Recreation City of Busselton Lot 5215 / P20530 3.4884 Yallingup Siding
18 of 22

Reserve
No / Type
Reserve purpose
Management
order
Comprises
Area
(Ha)
Locality
48251 Recreation Trail City of Busselton Lot 4631 / P31690
Lot 4642 / P4882
Lot 21 / P4880
Lot 4892 / P4885
Lot 5148 / P220007
Lot 5165 / P220007
Lot 303 / P42633
Lot 4699 / P91362
Lot 300 / P47826
Lot 500 / P55430
Lot 502 / P55430
Lot 503 / P63874
Lot 504 / P63874
Lot 555 / P65624
Lot 505 / P57391
Lot 506 / P57391
Lot 504 / P69597
75.498 Vasse
Marybrook
Anniebrook
Yallingup Siding
Metricup
50449 Drainage City of Busselton Lot 501 / P57391 0.2227 Vasse
UCL (Recreation Trail) Lot 300 / P4875 0.2681 West Busselton
UCL
(Recreation Trail
and Drainage)
Lot 422 on P189704
Location 4561
1.5217 West Busselton
UCL (Recreation Trail) Lot 4874 / P4885
Lot 4879 / P4885
8.9839 Yelverton
UCL
(Recreation Trail
and Drainage)
Lot 4993 / P192337 2.8217 Metricup
Leasehold
(Doc
K981763)
(Recreation Trail) Lot 5147 / P220007 4.3240 Yallingup Siding
19 of 22

Appendix B – Aboriginal heritage sites and places
Following are the Aboriginal heritage sites and places identified as being within 600m of the rail-trail
reserve corridor.
ID Name Heritage description Placement relative
to the rail-trail
23 Marybrook 1 Camp On the trail
675 Broadwater Lakes Burial Skeletal material/Burial On the trail
676 Busselton Fringe Camp Camp On the trail
4495 Margaret River Mythological, [Other: Waugal (former)] On the trail
5763 Nannup Cave Artefacts / Scatter On the trail
5765 Arumvale Artefacts / Scatter, Archaeological On the trail
Deposit, Camp, [BP Dating: 18400BP to
9200BP]
16001 Pioneer Graves Skeletal material/Burial On the trail
16807 The New River Mythological, Historical, Hunting Place, 60m from trail
Water Source, [Other: collect resources]
18087 Boranup Sand Patch 2 Artefacts / Scatter 480m from trail
18385 High St Burial Busselton Skeletal material/Burial 380m from trail
18387 Stanley Street Burial Skeletal material/Burial
250m from trail
Busselton
18397 Old Broadwater Farm 2 Artefacts / Scatter 100m from trail
18398 Old Broadwater Farm 3 Artefacts / Scatter
18399 Old Broadwater Farm 4 Artefacts / Scatter 280m from trail
18400 Old Broadwater Farm 5 Artefacts / Scatter 410m from trail
19397 Old Broadwater Farm 2 Artefacts / Scatter
19714 West Bay, Bussell Hwy, Skeletal material/Burial, Plant Resource 520m from trail
Augusta
20434 Blackwood River Mythological On the trail
21038 WCM01-Water Course Natural Feature, Water Source
620m from trail
(Waugyl Site)
24131 Boodjidup Brook Mythological, Ochre, Plant Resource, 570m from trail
25909 Cowaramup Sale Yards
Camp & Corroboree
Grounds
Natural Feature
Ceremonial, Historical, Camp
On the trail
27232 New River Camp Historical, Camp 650m from trail
28185 Jewel Cave Mythological 370m from trail
30029 Lou Westion Oval
Reburial Site
Skeletal material/Burial, Archaeological
Deposit
On the trail
Reference: ‘Aboriginal Heritage Inquiry System’, Department of Aboriginal Affairs,
maps.dia.wa.gov.au/AHIS2/.
20 of 22

Appendix C – Constructed road on Crown Reserve
Following are roads that have been constructed on Crown Reserve with a recommendation.
Road name Locality Length Lot /
Reserve
Vasse Yallingup
Siding Road
Recommendation
Dedicate land as public road.
Dedicate unused road land as Crown
Reserve
Blythe Road
Dedicate land as public road
Ryan Road Metricup Crown Reserve. Vehicle access on
permit basis to adjoining land owners
and visitors only
Engine Road Bramley Lot 4984
Wilkes Road Margaret River Lot 25
21 of 22

Image from the rail-trail: Bramley (Transplan)