Current legislation governing Crown lands in NSW came into force on 1 July 2018.
Crown land is governed by the Crown Land Management Act 2016 (CLM Act). It provides a framework for the NSW Government, local councils and members of the community to work together to provide care, control and management over Crown reserves.
The Crown Land Management Regulation 2018 explains how parts of the CLM Act are carried out, giving Crown land managers, tenure holders and users clarity and certainty.
The Regulation covers a range of operational matters relevant to CLMs including:
This legislation ensures that Crown reserves are responsibly managed and that natural resources such as water, flora and fauna and scenic beauty are conserved, while still encouraging public use and enjoyment of the land.
The Minister responsible for Crown lands is the Hon. Melinda Pavey MP, Minister for Water, Property and Housing. The Minister is responsible for all reserved and dedicated Crown land when there is no Crown land manager appointed, and can also be responsible for the affairs and reserves of a statutory land manager.
Under the CLM Act (section 3.15), the minister may make rules (Crown land management rules) for the management of Crown reserves by Crown land managers. A rule can apply to all CLMs (both council and non-council), to a category of CLM or a specific CLM.
Current gazetted rules:
Granting leases and licences for communication infrastructure-related purposes on Crown land
The NSW Government provides access to Crown land to public and private organisations to install communications infrastructure and equipment.
The department has been directly licensing the communications industry to occupy Crown land, including Crown land managed by third parties such as local government and community organisations. This rule confirms the continuation of that policy under the Crown Land Management Act 2016.
Payment of proceeds from the operation of Crown caravan parks to the Crown Reserves Improvement Fund
Some of the revenue generated from the operation of Crown caravan parks has contributed to supporting the development, maintenance and improvement of Crown reserves. This rule ensures the continuation of that policy under the CLM Act.
The CLM Act came into effect 1 July 2018, and improves the governance of Crown reserves while continuing to strengthen community involvement.
Reserve trust managers automatically transitioned from the previous legislation so that they continue to have the care, control and management responsibility for their Crown reserves under the CLM Act. They are now known as Crown land managers.
All existing assets, liabilities, tenures and contracts of the reserve trust automatically transitioned to the Crown land manager.
The department has produced transition guides to support Crown land managers.
To support the transition to the new regime for corporate entities managing Crown land, the abolition of reserve trusts will be delayed until 1 July 2020. This will give more time for corporate entities to make changes to their operations associated with reserve trusts.
Schools of arts, mechanics’ institutes and literary institutes are part of a statewide network of public halls that are managed by volunteers, not-for-profit organisations, and local councils, to service community needs.
Management options for schools of arts and other institutions have changed under the CLM Act. For more details refer to the department's website.
Content to be updated:
This Crown land manager web resource was printed on 24 Oct 2019. The information contained in this web resource is based on knowledge and understanding at the time of writing Oct 2019. 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 2019.
Page link: https://reservemanager.crownland.nsw.gov.au/who-we-are/legislation