Landowner's consent

Find out how to obtain landowner's consent for development on Crown land, ensuring compliance with legal requirements.

Landowner's consent, required by the NSW planning framework (Environmental Planning and Assessment Act 1979), is needed before lodging a development application on Crown land. Landowner’s consent can also be required for other statutory applications/approvals required on Crown land. For Crown land, the Minister acts as the landowner, and Crown Lands can provide this written consent.

You need landowner’s consent to submit applications for use and occupation or development on Crown land. This includes (but not limited to) development applications, complying development certificate applications and building information certificates that require landowner’s consent under the Environmental Planning and Assessment Act 1979. We give landowner’s consent to make sure your proposal supports our goals for Crown land, such as consistency with the reserve purpose and keeping it available for public use.

If you received landowner’s consent more than 12 months ago and you have not lodged your application, landowner’s consent will be required again before you can lodge your application. This is because Crown land considerations such as status, tenures, compliance matters and Indigenous land interests change over time.

For information on development that adjoins or impacts on Crown land, read the Development near or adjoining Crown land – Fact sheet (PDF, 139 KB).

• A proposal located on or affecting Crown land, roads or waterways.
• Proposed development, use or occupation of Crown land that require landowner’s consent under the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2021, including:
  • Part 4 Development applications) under section 23 Environmental Planning and Assessment Regulation and Complying Development Certificates under section 4.26(2)(b) Environmental Planning and Assessment Act.
  • Section 6.22 Environmental Planning and Assessment Act Building Information Certificates including those to regularise an unauthorised use/structure and/or is an outcome of a compliance investigation.
  • Development applications lodged for State Significant Development on Crown roads.
• Local Government Act 1993 section 68/78 approvals.
• Roads Act 1993 section 71 and 138.
• Heritage Act 1977 sections 59 and 60.
• Surveillance Devices Act 2007 section 8(1), where a permanent fixture is proposed to be installed e.g., permanent CCTV infrastructure.
• Statutory approvals required by another public authority, including:
  • Where a Tree Preservation Order is in place.
  • Fisheries Permit under section 199, Fisheries Management Act 1994.
  • Tree clearing under the Local Lands Services Act 2013. Under section 60Q landowner’s consent is required for clearing of Crown land to enable a boundary fence to be erected. A licence may also be required to enable authority to occupy Crown land.
• Where changes are made to a proposal (whether during the consent authority’s assessment, by conditions of consent, or otherwise) that are not consistent with landowner’s consent issued from Crown Lands. You must provide details of those changes to us and seek an amended or new landowner’s consent.
• Where the relevant application has not been lodged within 12 months of receiving landowner’s consent. Consent will expire after a period of 12 months from the issue date.

• Proposals not on or affecting Crown land, road or waterway, or where a Crown road is transferred to another Roads Authority prior to issue of landowner’s consent.
• Development applications lodged by public authorities (as defined under the Environmental Planning and Assessment Act) or for State Significant Development and State Significant Infrastructure on Crown land and Crown waterways, provided the applicant gives notice under section 23 of the Environmental Planning and Assessment Regulation 2021 (see cl. 69A Crown Land Management Amendment Regulation 2024).
• Development identified under section 2.23 of the Crown Land Management Act where the Minister is deemed to have given consent for certain applications over dedicated or reserved Crown land.
• Orders and notices applying to Crown land under any other legislation, where separate consultation with the Minister administering the Crown Land Management Act 2016 is required prior to giving the order/notice, for example:
  • Section 9.35(3) Environmental Planning and Assessment Act 1979 (The (Planning) Minister must not give consent for an order until after consulting the Minister administering the Crown Land Management Act 2016).
  • Section 126 Local Government Act 1993 (The Minister administering the Local Government Act cannot give consent in respect of vacant Crown land or Crown managed land, until the Minister administering the Crown Lands Management Act, gives consent).
• Exempt development as listed in the State Environmental Planning Policy (SEPP) (Exempt and Complying Development Codes) 2008 (Codes SEPP) and in other SEPPs e.g. Section 2.41(4) solar panels in the Transport and Infrastructure SEPP.
• ‘Development without consent’ – under various environmental planning instruments, such as Local Environmental Plans (LEPs) and SEPPs development may be ‘development without consent’ e.g. Grazing (extensive agriculture) in an RU1 – Primary Production zone, or development by public authorities. Note: A Crown tenure (lease or licence) may still be required to use or occupy Crown land prior to such use or occupation.
• Development on vested land, where Crown land has been vested in fee simple to another agency under Part 4 of the Crown Lands Management Act 2016, the other agency is for practical purposes the landowner and has the authority to grant landowner’s consent.
• Development on Crown land under a conditional purchase, where the purchaser is considered the landowner (provided they comply with any provisions, conditions, or covenants recorded on the Certificate of Title) and therefore can give landowner’s consent.
• Development with provisions requiring consent under the Telecommunications Act 1997.
• Applications for construction certificates, occupation certificates and subdivision certificates, where landowner’s consent has been provided for the original development application and development consent has been granted consistent with the original landowner’s consent.
• Planning proposals (LEP amendments or rezonings) under Part 3 Environmental Planning and Assessment Act 1979.
• Where the status of a lot is ‘Incomplete Purchase’.
• Liquor licences under the Liquor Act NSW 2007 – consent is needed by the owner of premises (which is defined under section 4 as the person entitled to the rents or profits of the premises).

When we decide whether to grant landowner’s consent, we ensure consistency with the Crown Land Management Act 2016 and other legislation regarding:

• the objects and principles (sections 1.3 and 1.4) of the Crown Lands Management Act
• whether a tenure would be issued to authorise the use and occupation of Crown land for the proposed development, if planning approvals are obtained i.e. a lease or a licence
• reserve and tenure purpose where applicable
• outstanding compliance matters or debt to Crown Lands
• any plans of management applicable to the reserve
• consistency with any Departmental strategic plan, policy or guidelines, e.g. Domestic waterfront guideline (PDF, 1,446 KB), Crown land 2031 Strategic Plan (PDF, 3.7 MB), Coastal Crown land guidelines (PDF, 3.9 KB), coastal management plans, Leasing of Crown land (PDF, 296 KB), and Licensing of Crown land (PDF, 181 KB)
• Indigenous land interests (Aboriginal land claims under the Aboriginal Land Rights Act 1983 and/or native title under the Native Title Act 1993 (Cth)
• consistency with other legislation if applicable.

We need to thoroughly assess your proposal before deciding whether to give landowner’s consent.

Our assessment of landowner’s consent does not replace the need for the consent authority which will determine your subsequent application, to review and decide on the merits of your application.

We carefully look at every proposal to decide if we’ll give landowner’s consent. Remember, even if we provide landowner’s consent, the subsequent consent authority still must review and make the final decision on your application.

Who can apply

Applications for landowner’s consent can be made by:

• the person who occupies the land
• the person submitting the development application
• a person who is acting on behalf of the person who occupies the land e.g. the legal representative or consultant (with appropriate Authority to Act) of any of the above
• a Crown land Manager
• the holder of an appropriate tenure or interest (registered lessee / licensee)

Timeframes for assessing landowner’s consent

We aim to process landowner consent applications within 15 business days after receiving payment and all required documents. Timeframes will be impacted where the applicant does not provide all required information and supporting documents with their application.

Note: Incomplete applications will have 28 days to provide the required information. If the information is not received within that timeframe, the application will be refused, fees retained, and a refusal letter sent to both the applicant and the other consent authority.

Exceptions may apply if additional time is required to identify or resolve:

• an Aboriginal land claim
• an ongoing compliance matter
• a native title pathway.

• Fees apply to landowner’s consent applications.
• Invoices will be issued once your application has been received.
• If extensive Crown status searches are necessary during the assessment, extra fees may apply. In such cases, you will receive a quote, and your application will be put on hold until payment is made.

Proceeding with a Landowner’s Consent (LOC) application is undertaken at the proponent’s own risk. There is no guarantee that:

• LOC will be issued; or
• any subsequent approval, consent or authorisation required under other legislation or by any other authority will be granted, even if LOC is issued.

Proponents may spend time and money preparing and pursuing a LOC application and may ultimately receive no favourable outcome.

The LOC process is separate from planning and development approval processes. Crown Lands does not assess planning matters and does not provide planning advice. Proponents are responsible for making their own enquiries with the relevant planning and approval authorities about the permissibility and merits of their subsequent application.

LOC, if issued, does not authorise access to, occupation of, or the carrying out of works on Crown land.

The Department relies on information provided by proponents when considering a LOC request and accepts no responsibility for errors or omissions in that information.

If you choose to proceed, you acknowledge and accept the risk of expending time and money without obtaining LOC and/or any subsequent approvals required to carry out your proposal.

Authorisation for use of Crown land  

A tenure (licence or lease) from Crown Lands or a Crown land Manager may be required for use or occupation of Crown land.  Once the subsequent application is approved, you must hold a valid licence or lease, or a tenure can be issued by the Crown land Manager where one exists.

Note: Authorisation under the Crown Land Management Act 2016 is still required to allow use or occupation of Crown land prior to any work commencing:

• when the development is classified ‘exempt development’ or ‘development without consent’ under the Environmental Planning and Assessment Act
• once development consent, a complying development certificate, or building information certificate is obtained.

Conditions on former Crown land (now sold)

When certain perpetual Crown leases were converted to freehold title it was a requirement that notations were placed on title to restrict or maintain certain activities to protect and conserve the natural environment. The restrictions or covenants were placed on title under Sections 77A and 77B of the Crown Lands Act 1989 at the time of conversion as agreed to by the title holders.

If your land has 77A or 77B restrictions, that impede your proposed development, you will need to apply to remove the restrictions.

Crown land managed by a Crown land Manager

Where Crown land is managed by a Crown land Manager, early discussions should be held to confirm whether the proposed development is supported and whether the Crown land Manager would agree to issue any required tenure if development consent is obtained.

When assessing an application for landowner’s consent on Crown land, we will consider the proposed development for consistency with the:

• Aboriginal Land Rights Act 1983
• Native Title Act 1993 (Cth).

For landowner’s consent to be issued and the proposed development to proceed there will need to be:

• opportunity for the claimant Aboriginal Land Council to comment on the proposed development where there is an Aboriginal land claim over the land, unless that claim is determined as a refusal or withdrawn. In some cases, the written support of the claimant Aboriginal Land Council will be required to enable landowner’s consent to be issued.
• a suitable pathway under the Native Title Act 1993 (Cth), unless native title is determined to be extinguished by the Federal Court.

Disclaimer regarding Aboriginal land claims

When an Aboriginal Land Council lodges an Aboriginal land claim under the Aboriginal Land Rights Act 1983, an inchoate (unformed) interest is created in the land. The extent of this interest remains uncertain until the claim is assessed, and a determination is made by the Minister administering the Crown Land Management Act 2016.

Where an Aboriginal land claim is in place over the land, proceeding with a proposal carries significant risks. These risks apply even where the Aboriginal Land Council supports the proposal and LOC has been issued. The risks are:

• If the Aboriginal Land Council’s land claim is successful, the land will be transferred to the Aboriginal Land Council regardless of any resources you have spent on pursuing the proposal and regardless of any improvements you have made to the land. The land could be transferred at any time in the future, including before, during or after completion of your proposal and no compensation is payable by the State if the land is transferred pursuant to an Aboriginal land claim. We cannot guarantee that you will be able to occupy the land and/or carry out your proposal if the land is transferred.
• While an Aboriginal land claim is active, you may not be able to obtain a Crown lease, licence or permit (tenure) to enter the land and carry out your proposal, unless you already hold one and despite obtaining the subsequent approval from another consent authority.

Proceeding with a proposal on land subject to an Aboriginal land claim is undertaken at the proponent’s own risk. Proponents are responsible for assessing these risks and deciding whether to proceed.