Our legal foundation

The following main Acts guide our work. They can also have statutory instruments that detail how the main Act is applied.

Crown Land Management Act 2016 (NSW)

The Crown Land Management Act 2016 makes provision for the ownership, use and management of Crown land. It helps us make decisions that are fair, clear, and in the public interest.

Native Title Act 1993 (Cth)

The federal Native Title Act 1993 recognises Aboriginal and Torres Strait Islander peoples’ traditional rights to land. It ensures native title rights and interests are considered before granting leases or licences, doing works, or allowing activities to occur on Crown land. It also allows for agreements to be made with native title holder groups and provides for compensation to be paid where native title is affected.

Aboriginal Land Rights Act 1983 (NSW)

The Aboriginal Land Rights Act 1983 allows Aboriginal Land Councils to claim eligible Crown land and receive freehold title if it meets certain criteria such as not being lawfully used or occupied or not being needed for an essential public purpose. It guides our work by requiring us to consider the impact of any dealing or activity on unresolved Aboriginal land claims and transferring claimable land to Aboriginal Land Councils. It also compensates Aboriginal communities for the loss of their land and allows for agreements to be made with Aboriginal Land Councils.

Cemeteries and Crematoria Act 2013 (NSW)

The Cemeteries and Crematoria Act 2013 provides a consistent and transparent framework for the management, operation, and regulation of cemeteries and crematoria in NSW. It ensures dignity, cultural respect, and sustainability in interment practices. Crown cemetery operators are appointed and regulated under the Crown Land Management Act 2016 and the Cemeteries and Crematoria Act 2013. Cemeteries & Crematoria NSW is the lead agency that supports and regulates the interment industry.

Local Land Services Act 2013 (NSW)

The Local Land Services Act 2013 establishes Local Land Services as a statutory corporation responsible for delivering integrated services related to agriculture, biosecurity and natural resource management across NSW. Local Land Services manages around 30% of the travelling stock reserves (TSR) network in the Central and Eastern divisions of NSW under this Act. TSRs are parcels of Crown land reserved for use by travelling stock under the Crown Land Management Act 2016.

Commons Management Act 1989 (NSW)

The Commons Management Act 1989 allows local residents to use land in a common, generally for grazing and other agricultural purposes. When land is set aside as a common, in a government order or notification, it sets out who is eligible to use the land and the type of use permitted.
Commons differ from Crown land and other public land in that they were created for the use of commoners whose name is entered on the commoners’ roll. The Minister with responsibility for Crown land also has responsibility for commons.

Roads Act 1993 (NSW)

The Roads Act 1993 applies to the management of Crown roads. Crown or ‘paper’ roads are public roads. Many were established during the settlement of NSW and are part of the State’s public road network. The Act grants access and passage rights, permits some maintenance work, and allows enclosure permits under the Crown Land Management Act 2016.

Crown Lands uses these Acts to:

National parks and state forests are also public land but are administered under different legislation to the main types of Crown land. National parks are administered under the National Parks Act 1974, while state forests fall under the Forestry Act 2012. NSW National Parks and Wildlife Service manages national parks, and the Forestry Corporation of NSW manages state forests.