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Enclosure Permits: Frequently Asked Questions

What happens if I choose not to lodge a road closure application?

You will continue to be charged annual rent. You can lodge a road closure application at any time. Separately, you may be contacted by the Crown land (the Department) to advise that unnecessary Crown roads in your area are being considered for closure and sale. At this point in time you will be given an indicative per hectare purchase price and invited to express an interest in purchasing enclosed and adjoining roads.

Do any pensioner discounts apply to EP rents?

EPs provide concessional rents and no further discount is considered appropriate. However, if you are experiencing financial hardship Crown Lands offers hardship relief. To discuss this option you can contact our Accounts department (refer to Contact Us for the relevant details).

What happens when a property enclosing a Crown road is sold?

When a property enclosing a Crown road is sold, the EP remains in place and the new owner of the land is liable for payment of the EP rent (including any arrears of rent and interest). The new holder of the land must notify the Department in writing within 28 days of the date of the sale. The following form is available to facilitate this process - Enclosure Permit: Notification of Transfer application ().

It is recommended that as part of the conveyancing for the purchase of a rural property, a Crown land search is undertaken to ascertain:

  • the existence of any attaching permits; and
  • the adjustment of any debit or credit on the account upon settlement.

In the case of transfer or sale of only part of the land, any under/over payment of rent will remain with the original permit. A new EP will be created to cover the subdivided portion and the area and description of the original EP will be adjusted.

Do any special conditions apply to an EP?

Yes. A standard condition of granting an enclosure permit includes gates (or other means of access) where the road is required for public use, and any approaches to the road be maintained in good order and condition. All costs are the responsibility of the permit holder. Gates on roads being used for access must not be locked.

The holder may also be directed to replace or remove gates so as not to interfere unnecessarily with any public access on the road.

Any trees located on the Crown road must not be interfered with as they may have important remnant vegetation and operate as significant wildlife corridors. For more information see the Native Vegetation Act 2003.

Structures (other than necessary fencing, gates or substitutes) should not be erected on the Crown road or waterway.

Who is responsible for the upkeep of Crown roads?

The Crown provides land for road corridors and when such corridors are required for practical access to properties their control is generally transferred to local government authorities to form and maintain. The Department is not a road construction authority and does not undertake road works on Crown public roads.

The majority of Crown public roads held under enclosure permit are simply corridors of Crown land reserved as roads for the provision of legal access.

Who will manage the Crown road if the EP is terminated (ie weed control etc)?

Once the EP is cancelled, the land will revert to the Crown. Any weed or pest control will then become the responsibility of the Department.

Who is liable should any damage or injury occur on an EP/Crown road corridor?

As the affected land is a public road, under the Roads Act 1993 responsibility rests with the Minister responsible for administering the Crown Lands Act 1989. However, for the Minister to be liable for any injury, loss or damage on a Crown road he must be proven to be negligent in the first instance.

Conditions of an EP provide for the holder to indemnify the Minister and the Department against any injury resulting from actions by the holder. This indemnity does not infer that all liability rests with the EP holder; only those where injury or damage is the result of a negligent action on the part of the holder.

Can environmental works be undertaken on Crown road corridors?

Approval is required to undertake works on Crown roads. The Department may consider proposals to undertake some environmental works within such corridors, providing they are consistent with the land's road status and do not inhibit access.

Can a landholder clear a Crown road to erect a fence along the road boundary?

The Department's consent is required for clearing on a Crown road.

If I purchase land with an EP attaching, can I combine the new EP with my existing one?

Yes, You can apply for an amalgamation of EP accounts provided the registered land holders are the same for the parcels involved and the EPs are in the same locality. You will need to complete the Enclosure Permit: Alteration application () and send it with the current fee to the Department (refer to Contact Us for the details).

More Information

For more information contact the Enclosure Permits team on:

T: 1300 886 235 (option 2 option 2)
T; 02 4925 4185