WA Conveyancing Purchasing a Rural Property

WA Conveyancing: Due Diligence Essentials for Buying Rural Property

Although a rural lifestyle is an attractive option for many prospective purchasers, it is important to know that a prudent purchaser should complete additional due diligence before committing to a purchase. Rural land in Western Australia generally includes broadacre farming land, pastoral leases and large acreage holdings.

While there are many additional enquiries that a purchaser can undertake in WA, particularly in relation to rural property, we outline some of the more common below:

Declared Plants and Pests

Under the Biosecurity and Agriculture Management Act 2007 (WA), landholders must control declared pest plants and animals such as blackberry, skeleton weed and cotton bush. Purchasers should inspect the land and make enquiries with DPIRD (Department of Primary Industries and Regional Development).

Water Licences

Water rights in WA are regulated by the Rights in Water and Irrigation Act 1914 (WA). Bore licences or water entitlements may need to be transferred separately. Searches can be conducted through Water Register WA.

Share Farming, Leases and Agistment

WA rural properties may be subject to share farming agreements, pastoral subleases or agistment arrangements. These may prevent the property being sold with vacant possession. Purchasers should make enquiries with the Vendor about any occupiers or agreements.

Mining and Exploration

A significant number of rural properties in WA are affected by mining or exploration licences under the Mining Act 1978 (WA) or petroleum legislation. Searches with the Department of Mines, Industry Regulation and Safety (DMIRS) will reveal whether the land is subject to tenements or applications.

Chemical Residues

WA rural land may be affected by residues from past cropping or livestock operations. Purchasers should inspect the property for contamination sites such as chemical sheds, fuel areas, dip sites or dumps. DPIRD can advise on contamination notices.

Livestock and Plant Diseases

WA has specific biosecurity regulations concerning livestock diseases (e.g. OJD, footrot) and plant pests. Clearing native vegetation requires approval under the Environmental Protection Act 1986 (WA). Purchasers intending to farm should enquire with DPIRD.

Access to the Property

Some WA rural properties access their land via unconstructed roads, Crown roads or informal arrangements. Purchasers should investigate legal access rights through Landgate inquiries.

Land Use Planning

Planning controls for rural WA land vary by local government area. Purchasers should confirm that soil, climate and land use zoning allow for the intended agricultural use.

Rural Rates

In addition to general council rates, some WA rural properties are subject to emergency services levies or biosecurity group rates.

On-Site Effluent Disposal

WA rural properties often rely on septic systems or ATUs. These systems must comply with Department of Health WA guidelines.

As the vendor is not necessarily required to disclose this information, thorough due diligence with assistance from a Perth conveyancing solicitor is recommended for WA rural purchasers.