Apply for a general lease

Find out more about how to apply for a general lease.

A lease of Crown land gives you exclusive use over a particular piece of land for a specified term and purpose. Generally, leases are only granted over Crown land for commercial purposes, or community purposes where longer-term security is important.

We issue leases to individuals, companies, non-government organisations, government agencies and community and sporting groups for a number of purposes, including:

• marinas and other waterfront businesses and activities
• caravan and tourist parks
• registered clubs, bowling clubs, golf clubs and other sporting clubs
• aged care, child care and disability services
• restaurants and kiosks
• government agencies and local government
• surf lifesaving clubs and other sporting clubs and community organisations
• aquaculture and land-based oyster farming activities
• rural purposes such as grazing, agriculture and irrigation.

We will only lease Crown land to an acceptable applicant that:

• meets the ‘fit and proper’ criteria as a person, business or organisation
• is legally able to hold land under lease.

The fit and proper criteria are documented in Annexure A of the Leasing Crown land policy (PDF, 296 KB).

We will not enter into an agreement with a company that does not have an Australian Business Number (ABN) and GST registration.

Legal entity of applicant

Applications must be submitted by a legal entity – or if a joint tender by legal entities – with the capacity to contract. We’ll only enter into an agreement with a legal entity or entities.

Applicants must provide evidence of their legal status or capacity to contract.

Where the lessee is a company, the lease offer must be signed in accordance with section 127 of the Corporations Act 2001 by either:

• 2 appointed directors of the company
• an appointed director and a company secretary of the company
• for a proprietary company that has a sole director who is also the sole company secretary, that director.

You can also affix a company seal to the lease document.

You’ll need to gather documents and evidence to support your application.

Individuals, signatories and office bearers

For each signatory to this application, you will need a copy of their:

• current Australian driver licence
• current Australian or foreign passport
• or other form of photo identification showing their current residential address.

For business entities

For each business entity that’s a party to this application, you will need a current:

• business partnership deed
• company extract
• certificate of incorporation of an association
• certificate of registration of a cooperative
• trust deed.

Addition information – fit and proper criteria

For any signatories, you will need to supply copies of documents relating to any of the following matters that have happened within the past 10 years:

• insolvency or bankruptcy
• voluntary or involuntary administration, receivership or liquidation
• Crown Lands compliance action or debt management action
• an original or certified copy of a national police check issued by the Australian Federal Police
• if the individual has been in a country other than Australia for 12 months or more preceding the application, an original or certified copy of a criminal records checks issued by the authorities in that country.

Supporting documentation

You will need to attach to your application:

• A location map attached showing the boundaries of the land that is the subject of the application.
• A NSW planning property report for each parcel of land that is the subject of the application.
• Site plans and layout.
• Statements from financiers confirming finance arrangements which may include evidence of a lender’s commitment to fund capital works including the proposed split of debt and equity.
• Tax returns and statements of net worth for the past 3 financial years for each relevant person.
• Annual reports including profit and loss statements and balance sheets for the past 3 years.
• Other records confirming current financial status and financial performance for the past 3 years.
• Details of significant events, including pending litigation, that may impact on an applicant’s capacity to implement the plan.
• Details of past projects demonstrating relevant experience including photographic evidence
• 2 referee statements attesting to the business capability and experience of the applicant(s)a statement supporting the application for lease by direct negotiation.
• 2 forms of identification documents for each applicant signatory and for each individual business partner and / or each office bearer of each applicant company, trust, incorporated association or government agency that is party to this application.

You can generate a free location map.

View maps and property reports at the NSW Planning Portal Spatial Viewer.

• You’ll need to pay a non-refundable application fee, which is an initial advance towards the cost of processing applications. Processing activities may include (but aren’t limited to):
  • site and land status investigations
  • land assessment
  • community engagement where required
  • identifying any action required under the Environmental Planning and Assessment Act 1979
  • survey instruction
  • valuation
  • publication of required notices
  • negotiation and preparation of documents for execution
  • registration costs for NSW Land Registry Services
  • and additional charges may be incurred.
• We’ll send you an invoice for the application fee once we start processing the application.
• We’ll return any applications with missing information for you to complete.

You can pay the application fee:

• online with a debit or credit card
• BPAY
• in person Take your account notice to any Australia Post office.

Make a payment

• The department will only collect personal information for a lawful purpose.
• The department will not collect any more information than is necessary.
• The department will not disclose your personal information to anyone without your consent – unless legally required.