A licence is an authority granted by Crown lands which gives the holder permission to occupy and use Crown land.
Licences may be granted for a term of years or for an indefinite period. Multiple licences can be granted over the same area, as they grant the licensees “non-exclusive” use and occupation of the Crown land.
Examples of general licence purposes include:
- Access
- Water supply and access – pump sites, pipelines, etc.
- Primary production
- Site investigations
- Buildings and structures
- Infrastructure associated with renewable energy projects storage
- Environmental protection/rehabilitation
- Facilities for services to the public, including transmission line and public jetties.
For projects with significant capital investment, a lease may be more suitable.
When considering whether to grant a licence, we may undertake a competitive process that allows other parties to express their interest. In some cases, a licence may be granted by direct negotiation.
Eligibility criteria
To apply for a Crown land licence, you must:
- Ensure the location is Crown land – you can search online using the NSW Planning Portal Spatial Viewer.
- Verify details – ensure the Lot/Section/DP numbers are correct.
- Be 18 years or older.
What you need to apply
When applying for a general licence, you require a site diagram showing the location, boundary fencing (if grazing is included), and existing structures such as pipelines and pump sites. The site diagram should include Lot and DP numbers where possible.
If your proposal involves development (i.e. use of land, erection of a building/structure, carrying out of a work or demolition) on Crown land, you will need to:
- Consider and demonstrate an appropriate planning pathway is available and obtain any necessary consents or approvals.
- Identify if the Crown land is subject to an Aboriginal land claim.
- You can request a search of the land claim register from the Office of the Registrar (Aboriginal Land Rights Act 1983 NSW).
- If the land is subject to an Aboriginal land claim, seek the support of the claimant Aboriginal Land Council.
For businesses and other entities
- Companies must be registered with an Australian Company Number (ACN) and Australian Business Number (ABN). You will need to provide a copy of a recent company extract listing officeholders and authorised signatories.
- Incorporated associations must provide a certificate of incorporation and minutes showing elected office bearers.
- Sole traders or partnerships must apply under their individual names.
Next steps
When you submit your application, you must complete the application form in full and submit all required documentation. We will return any applications with missing information for you to complete.
Fees
You will need to pay an application fee. We will send you an invoice for the application fee once we start processing your application.
Licences also require annual rent, which will be determined from the current market value. You will be notified of the annual rent payable after the licence application has been assessed.
Application assessment
Applications are processed in the order they are received, unless exceptional circumstances apply. Assessment times may vary depending on the complexity of the application.
Assessment activities may include (but are not limited to):
- related policies and guidelines
- land assessment
- community engagement
- Aboriginal land claims
- native title
- site inspection
- requirements under the Environmental Planning and Assessment Act 1979
- valuation
- current land use and condition
- publication of required notices
- preparation of licence documents for execution.
If you are unable to apply online, complete and submit the New Licence application (PDF, 269 KB).