Licences overview

Discover general information about NSW Crown land licences, find out what documents you need to apply and how they are assessed.

A licence is an authority granted by the department under the Crown Land Management Act 2016. It gives permission to occupy and use Crown land for a specified purpose and term. A licence does not provide for exclusive use and possession of the land.

• It will be for either a specified or unspecified period of time.
• It cannot be transferred – except in specified circumstances.
• It’s protected by conditions described in the licence agreement.
• You’ll need to pay annual rent.
• You’ll need to pay local government rates to your local council.

We consider each licence application individually, taking into account:

• departmental and other government policies and guidelines
• land assessment and capability
• Aboriginal land claims
• native title
• site inspection
• development consent
• valuation
• drafting and negotiating terms and conditions.

You may need supporting documentation, depending on the circumstances. This might include a:

• a current company search – no less than 12 months old (mandatory where the applicant is a company)
• certificate of incorporation (mandatory where the applicant is an incorporated entity)
• copy of authorised signatories (where the applicant is an entity, excluding a company)
• completed land management strategy (mandatory where the purpose of the licence is grazing)
• copy of death certificate, will and probate (if granted)
• copy of an approved development application or relevant planning approval (mandatory before the issue of a licence where development is proposed).

For more information on the types of documents that may be required visit Apply for a general licence.
 

If your proposal involves development on Crown land, you’ll need to demonstrate an appropriate planning pathway is available. Examples of development include:

• use of land
• erection of a building or structure
• carrying out of a work
• demolition.

For more information on planning pathways visit the NSW Planning Portal.

Unsure of your planning pathway?

If you’re unsure of the planning pathway – or whether your proposal requires a development application – you can also contact your local council or engage a planning consultant for advice.

When you lodge a licence application you’ll need to provide:

• a copy of any approved development consent, if required, or
• a copy of the complying development certificate (CDC) if the proposal is 'complying development', or
• if development consent is not required, confirmation that the proposal is 'exempt development' or 'development without consent' under a planning instrument.

If the proposal is 'development without consent', you’ll need to provide details of the potential environmental impacts of your proposed development or activity on the land.

Notes:

1. Where 'development without consent' applies, we may require you to provide more information (for example where a formal review of environmental factors is required under Part 5 of the Environmental Planning and Assessment Act 1979).
2. 'Exempt development' does not require environmental assessment, but does require the proposal to meet certain pre-conditions as specified in the relevant planning instrument.
3. All forms of development/activity must comply with the due diligence requirements of the National Parks and Wildlife Act 1974 in relation to the protection of Aboriginal cultural heritage – go to the Environment and Heritage Group.
4. Where development consent is required over Crown land, you will require landowners’ consent from Crown Lands prior to lodging the applications.