Where Crown land is classified as ‘community land’, councils must assign one or more of the following categories referred to in section 36 of the Local Government Act 1993 (LG Act):

• Natural Area (further categories: bushland, wetland, escarpment, watercourse, foreshore)
• Sportsground
• Park
• Area of Cultural Significance
• General Community Use

Councils should assign categories that most closely relate to the purposes for which the land is dedicated or reserved. Assigned categories should not materially harm the use of the land for any of the existing reserve purposes.

A reserve or part of a reserve that is categorised as a Natural Area must be further categorised as one or more of the following - bushland, wetland, escarpment, watercourse and foreshore e.g. beaches/sand dunes within a Natural Area of a reserve would be further categorised as ‘foreshore’. If there is more than one further category of a Natural Area within a reserve, all categories must be clearly identified in the associated maps.

Initial categorisation of reserves cannot be assigned to cover any proposed or future use. Any change to the categorisation to support a future use can be applied at the Plan of Management stage.

Councils must assign a category or categories to a reserve that the council considers are most closely related to the reserve purpose/s of the land. The following should be considered when assigning categories under the Local Government Act 1993:

• Reserve purpose: apply categories that ensure the land is used for the purpose for which it was originally set aside by its dedication or reservation.
• Current/existing use of the reserve: the initial categorisation cannot be based on proposed or future use. Any change to the categorisation to support a future use should be altered via a Plan of Management.
• Characteristics of the land: councils should consider the characteristics of the land when assigning a category of Natural Area (further categories apply to Natural Area) or Area of Cultural Significance.
• Material harm: councils should consider whether the management of the reserve under the assigned category is likely to materially harm the use of the land for its existing reserve purposes. Refer to fact sheet on material harm.

The following considerations are relevant to whether the management of the land, by reference to the assigned category, is likely to materially harm its use for an existing purpose:

• the proportion of the area of the land that may be affected by the additional purpose,
• if the activities to be conducted for the additional purpose will be intermittent, the frequency and duration of the impacts of those activities,
• the degree of permanence of likely harm and whether that harm is irreversible,
• the current condition of the land,
• the geographical, environmental and social context of the land,
• any other considerations that may be prescribed by the regulations.

For detailed information, refer to the fact sheet on material harm.

Yes. Multiple categories can be assigned to a reserve at the initial categorisation stage if the categories are appropriate to the current management of the reserve and the reserve purpose. For example, for a reserve purpose of ‘public recreation’, categories may include Sportsground and Natural Area (further categories apply to Natural Area). If councils apply multiple categories to a reserve, a detailed explanation should be provided which clearly identifies the categories, including a map delineating the categories on the reserve with different colours.

Under the Local Government Act 1993 (LG Act), public land is required to be classified as either community or operational land. Under the Crown Land Management Act 2016 (CLM Act), councils are authorised to classify and manage the reserve as if it were public land under the LG Act. Under the CLM Act, all reserves are considered to be managed as community land unless the council has written consent from the Minister to manage the land as operational land under the LG Act.

The Minister may give written consent under subsection (4) (b) of the CLM Act for the classification of land as operational land, only if the council manager satisfies the Minister that:
a. the land does not fall within any of the categories for community land under the Local Government Act 1993, or
b. the land could not continue to be used and dealt with as it currently can if it were required to be used and dealt with as community land.

If the land could be managed under one of the categories of community land, then classification as operational land cannot be supported. The reserve purpose is the primary consideration as to whether a Crown reserve qualifies as operational land, regardless of the current use of the reserve. For example, if a reserve purpose is ‘Public Recreation’ then an operational classification cannot be supported.

The category General Community Use is defined for land that is used to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public. General Community Use should only be applied where the management of the land does not fit into any other category. Examples appropriate to categorise as General Community Use include Surf Life Saving Clubs and caravan/holiday parks. Refer to section 36I of the Local Government Act 1993 for more information.

A new or revised PoM must be developed for Crown reserves under the requirements of the Crown Land Management Act 2016 (CLM Act). This ensures a more consistent approach for the management of Crown reserves. The process for approving an amended Plan of Management is the same as approving a new Plan of Management.

Yes. Councils can prepare one Plan of Management (PoM) that includes multiple reserves. Where a Crown reserve has the category of Area of Cultural Significance, a site-specific PoM must be prepared, in accordance with the provisions of the Local Government Act 1993. Refer to the Guideline for developing Plans of Management for more information.

The terms ‘generic’ and ‘site specific’ are used in the Local Government Act 1993 to describe Plans of Management (PoM). The term ‘generic’ can be used for a group of reserves. This means a council can manage similar reserves in a coordinated and consistent way, including by category or location or reserves that have similar functions but are geographically separate. Examples are preparing one plan for a group of reserves categorised as ‘Park’ or a group of reserves located in a coastal area. A generic PoM can also include all reserves managed by council.

A site specific PoM may be appropriate to apply to one reserve where the use of the land is complex with multiple categories or where the land has special considerations. Refer to the Plan of Management guideline and templates on this webpage.

The department, as the landowner, is to be notified of the draft Plan of Management (PoM) prior to public exhibition of the plan, under s39 of the Local Government Act 1993. Councils are also required to seek the department's written consent to adopt the draft PoM (under clause 70B of CLM Regulation). The department's consent can be sought at the same time as notifying the landowner of the draft plan.

When the Minister has reviewed a draft PoM, Crown Lands will send a letter confirming that councils can proceed to publicly exhibit the draft PoM. In some cases, Crown Lands may notify council to resubmit the draft PoM following the public exhibition. In all cases, if council amends the PoM following community consultation, it must again be submitted to Crown Lands for approval by the Minister. If there is no alteration to the PoM following public exhibition, council is required to submit the final version of the PoM to Crown Lands (email: council.clm@crownland.nsw.gov.au) to seek Minister's consent prior to council adopting the final PoM. Refer to the revised PoM Guideline for Council Crown land managers.

Note: Councils are not required to seek approval from the Office of Local Government for their PoM.

Prior to the adoption of a Plan of Management for Crown land, councils are able to issue some leases and licences in line with Clause 70 Crown Land Management Regulations 2018. Refer to the lease and licence fact sheet and templates on this webpage.

No, a PoM is not required for operational land. If councils seek to manage a Crown reserve as operational land under the Local Government Act 1993, they will need Minister’s consent to classify land as operational. This consent under the Crown Land Management Act 2016 provides authorisation for the council to manage the Crown land as operational land from that point forward.

Yes. Coastal councils should include reference to their Coastal Management Plan in the Strategic Objectives and Management Framework sections of the plan of management (PoM). Also include any authorised coastal management development work in the Permissible uses/future uses section of the PoM and any other relevant activities, including leases and licences, for coastal reserves. Refer to section 22 of the Coastal Management Act 2016: Implementation of coastal management program by local councils.

Crown reserves used for caravan parks can be effectively managed as ‘community land’ by council Crown land managers and best fits into the category of General Community Use (s36I of the Local Government Act 1993 (LG Act)).

Where the reserve includes other areas and uses such as beaches, rock pools, car parks and playgrounds etc, these can be appropriately categorised under any of the categories under the LG Act. If the caravan park has existing residential tenancies or privately owned caravans, council should identify in their plan of management the number of those occupations, the terms of those occupations and how council manages them.

A caravan park on a Crown reserve requires a site-specific plan of management. However, if there are multiple caravan parks on Crown land managed by council, these can be combined in one plan of management.

Certain public reserves under devolved management by councils are managed under s48 of the Local Government Act 1993 (LG Act). These public reserves devolve to council when they are not under control or vested in any other body or person or under any lease. The management of these reserves are different to reserves managed under the Crown Land Management Act 2016 (CLM Act) and there is no requirement for the preparation and adoption of a PoM.

As councils are not the CLM for reserves devolved to them, they are unable to grant any tenures. However, councils can request to be appointed as CLM for any reserves devolved to them under s48 of the LG Act, by emailing this request to reserves@crownland.nsw.gov.au.

In terms of everyday management and improvements, councils can manage these reserves consistent with the reserve purpose and may undertake improvements, restoration work, maintenance, or works for public safety.

Difference between land devolved to council and land managed by council CLM