Review of the Crown Land Management Act 2016

The Crown Land Management Act 2016 (CLM Act) provides the legislative framework for the management of Crown land. The Act commenced on 1 July 2018. 

The current objectives of the CLM Act are to:

• provide for the ownership, use and management of the Crown land of New South Wales
• provide clarity concerning the law applicable to Crown land
• require environmental, social, cultural heritage and economic considerations to be taken into account in decision-making about Crown land
• provide for the consistent, efficient, fair and transparent management of Crown land for the benefit of the people of New South Wales
• facilitate the use of Crown land by the Aboriginal people of New South Wales because of the spiritual, social, cultural and economic importance of land to Aboriginal people and, where appropriate, to enable the co-management of dedicated or reserved Crown land
• provide for the management of Crown land having regard to the principles of Crown land management.

The current principles of CLM Act are that:

• environmental protection principles be observed in relation to the management and administration of Crown land
• the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible
• public use and enjoyment of appropriate Crown land be encouraged
• where appropriate, multiple use of Crown land be encouraged
• where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity
• Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.

The CLM Act can be viewed in full on the NSW legislation website.

• In 2014, the then-NSW Government conducted the first major review into Crown land in more than 25 years. One of the review’s key recommendations was the creation of one piece of legislation that covered Crown land management. 
• This resulted in the CLM Act, which amalgamated 8 separate pieces of legislation into one overarching Act.
• The CLM Act aimed to deliver a modern, streamlined and comprehensive legislative framework to manage Crown lands.
• Other key focuses of the Act were to reduce red tape, complexity and duplication while supporting greater local decision-making and enhancing Aboriginal involvement in the management of Crown land.

• The review will help us understand how well the Act is working and identify reforms that could strengthen and improve management of the Crown estate.
• It provides an opportunity to ensure the Act continues to provide a strong and accountable framework for the use and management of Crown land, and delivers positive outcomes for our people, our environment, and our economy.
• Potential improvements to the Act may include increasing flexibility to allow our portfolio to adapt to evolving needs, or reducing administrative burden for the community, volunteers and staff.  

• To date, the review has involved extensive research on issues raise by stakeholders during the 5 years since the CLM Act’s implementation.
• Since the beginning of 2023, the department has been undertaking extensive internal engagement with subject matter experts about how the Act is working in practice.
• The department has also been reviewing stakeholder submissions received during the Crown Land 2031 strategic plan review, and the former Crown Land Commissioner’s 2021 evaluation of implementation of the CLM Act.

• The Minister must table the final report on the outcome of the review to Parliament by 1 July 2024.   
• After this occurs, the government will implement a response to the report, which could include making changes to the Act