Non-council CLMs are authorised to issue short-term licences under s2.20 of the CLM Act. This responsibility includes establishing the conditions for use, setting rent, fees and/or charges for use of the reserve (including hire of facilities), and (if applicable) providing a rebate to reduce the amount payable.
Council CLMs can use the following guidance and templates prior to council adopting its first Local Government Act 1993 (LG Act) plan of management (POM) or the Crown land being classified as operational land, whichever comes first.
Short-term licences can be granted for a period of up to one year. CLMs can enter into short-term licences with users for all or part of a reserve for a period up to 12 months without consent from the minister for a range of prescribed purposes (see table 2 below).
A short-term licence can only be granted for the prescribed purposes listed, and must consider the purpose of the Crown land. For example, a reserve with the purpose of showground may be used for equestrian activities; a reserve with the purpose of public hall may be used by a dance group.
Before granting a short-term licence a Category 2 CLM should consider native title rights under the Native Title Act 1993 (Cwlth) and any potential effects on claimable land under the Aboriginal Land Rights Act 1983 (NSW), contact the department if you are unsure. A Category 1 or council Crown land manager should have regard to the same considerations, and must have written advice from their native title manager.
The Community Engagement Strategy does not apply to short-term licences granted by CLMs. The table below lists prescribed purposes for short-term licences, from clause 31 of the Crown Land Management Regulation 2018.
A short- term licence should not be used when a proposed activity:
In the circumstances above, the CLM should contact the department to determine the suitability of the activity occurring on the reserve and/or the pathway to consider authorising the proposed activity.
The following short-term licence templates are available for use. Note that they are general in nature. The terms and conditions, at a minimum, relate to indemnity, land condition and insurance requirements
This Crown land manager web resource was printed on 23 Sep 2020. The information contained in this web resource is based on knowledge and understanding at the time of writing Sep 2020. However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information by referring to the website (www.reservemanager.nsw.gov.au).
© State of New South Wales through Department of Planning, Industry & Environment 2020.
Page link: https://reservemanager.crownland.nsw.gov.au/using-crown-reserves/leases-and-licences2/short-term-licenses