NSW Government
Crown Lands

Coastal Crown Land Guidelines

How we manage and protect coastal Crown land

People walk along the sand on Bondi Beach NSW. Credit: NSW Department of Planning, Housing and Infrastructure / Camilla Theakstone
 

We provide a clear and consistent framework for managing coastal Crown land in NSW.

The Coastal Crown Land Guidelines (PDF, 3.9 MB) follow NSW laws, clarify planning and approval requirements, and formalise current processes and procedures. These guidelines align coastal Crown land management with Coastal Management Programs (CMPs) (PDF, 3.9 MB) and Plans of Management (PoMs) that local councils prepare with community input.

Application of guidelines

The guidelines cover beaches, headlands, estuaries, and waterways, including the seabed and subsoil up to 3 nautical miles off the coastline. There are also national surfing reserves, regional harbours, river entrance breakwaters and training walls, and holiday parks on coastal Crown land. Ports at Sydney Harbour, Botany Bay, Port Kembla, and Port Hunter are not Crown land and are managed under the Ports and Maritime Administration Act 1995. Coastal Crown land includes Crown land and Crown roads within the coastal zone as defined under the Coastal Management Act 2016.

Coastal hazards

Coastal hazards that may need to be monitored and managed on Crown land include beach erosion and accretion, coastal and tidal inundation (flooding), unstable coastal cliffs, and unstable coastal lakes or watercourse entrances. The guidelines ensure that coastal risks are identified before leases and licences on coastal Crown land are issued or renewed.

Consultation and legislation

We developed these guidelines by consulting with agencies within the former Department of Planning and Environment, the Department of Primary Industries – Fisheries, and Transport for NSW. As part of the Marine Estate Management Strategy 2018-2028 (12.3 MB), we presented the guidelines to the Marine Estate Agency Steering Committee and released them at the 2023 NSW Coastal Conference.

These guidelines work alongside coastal management programs and plans of management that councils create with community input. Under the Coastal Management Framework, the NSW Government manages Crown land according to the Crown Land Management Act 2016, addressing complex coastal and marine issues.

Key principles

  1. Alignment with Coastal Management Programs (CMPs)

    1. Any CMP prepared by a council should be referred to us in draft form at key stages of its development and before adoption.
    2. CMPs that propose actions or activities affecting Crown land must be formally agreed to by us before submission for certification.
    3. Dealings and approvals under the Crown Land Management Act 2016 or the Roads Act 1993 for coastal Crown land must be consistent with any relevant CMPs.
    4. Plans of management for coastal Crown land must consider relevant CMPs and coastal hazard and climate change risks.

  2. Consideration of coastal hazard risks

    1. Significant risks posed by coastal hazards, including climate change, should be considered before issuing tenures over coastal Crown land.
    2. Terms and conditions of tenures should match the level of risk posed by coastal hazards.

  3. Low impact or non-structural coastal protection works

    1. Low impact or non-structural measures, such as foreshore realignment and habitat restoration, should be considered first to mitigate coastal hazards.
    2. Structural coastal protection works on coastal Crown land may only be considered if low impact measures are not feasible and are consistent with a relevant CMP.

  4. Private structural coastal protection works

    1. Private structural coastal protection works on the open coast should be wholly contained within the proponent’s private freehold land unless extenuating circumstances apply.
    2. Such works on Crown land will only be considered if low impact measures are not feasible, they are consistent with a relevant CMP, and there is a substantial public or environmental benefit.

  5. Non-commercial dredging

    1. We may consider applications for non-commercial dredging to maintain navigation channels and harbour entrances or meet environmental and coastal management needs.
    2. Dredging works must be consistent with any relevant CMPs.

Benefits of the guidelines

The guidelines offer several benefits:

  • Clear and consistent approach: Ensures all stakeholders understand the processes and requirements involved.
  • Integration with CMPs: Aligns coastal Crown land management with local council plans and community needs.
  • Risk identification and management: Proactively identifies coastal risks before issuing or renewing leases and licences.
  • Support for councils and managers: Assists in managing coastal Crown land effectively while balancing ecological, cultural, and recreational values.
  • Public consultation and engagement: Involves the public in decision-making processes and considers their priorities.
  • Alignment with legislation: Ensures management practices are legally compliant and effective.
  • Environmental and public benefits: Promotes low-impact protection works and ensures private structural works provide substantial public or environmental benefits.

These guidelines collectively contribute to the sustainable and strategic management of coastal Crown land, balancing environmental, social, and economic interests.