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).
The categories described in the LG Act for community land include:

• Natural Area (sub-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. 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 purposes of the land. The following should be considered when assigning categories under the LG Act:

• 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 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.

The following considerations are relevant to the question of 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.

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 (sub-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.

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

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 category 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 PoM that includes multiple reserves, in accordance with the provisions of the LG Act. Refer to the Guidelines for Plans of Management on this webpage for more information.

The terms ‘generic’ and ‘specific’ are used in the LG Act to describe Plans of Management. The term ‘generic’ can be used for a ‘group’ of reserves which may have similar functions but are geographically separate. This means a council can manage similar reserves in a coordinated and consistent way, including by category. An example is grouping reserves categorised as ‘Parks’ into one plan. A ‘specific’ Plan of Management 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.

When the Minister has reviewed a draft Plan of Management (PoM), Crown Lands will send a letter to the Council Crown Land Manager confirming that Councils can proceed to publicly exhibit the draft PoM, under section 38 of the LG Act. 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, Council is required to submit the final adopted version of the PoM to Crown Lands email: council.clm@crownland.nsw.gov.au.

Councils are not required to seek approval from the Office of Local Government for their Plans of Management.

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 pre-plan of management lease and licence fact sheets 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 LG Act, they will need Minister’s consent to classify land as operational. This consent under the CLM Act provides authorisation for the council to manage the Crown land as operational land from that point forward.

Under the LG Act, public land is required to be classified as either community or operational land. Under the 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:

1. the land does not fall within any of the categories for community land under the Local Government Act 1993, or
2. 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.