A NSW Government website

Enclosure Permits

Changes to enclosure permits

If you have recently received correspondence regarding changes to your annual rent from 1 July 2024, you can find further information in the Enclosure Permits - minimum rent changes (PDF, 992 KB).

If you have any questions in relation to the changes, phone 1300 886 235 Option 1, or request a call back from our team by submitting your enquiry via this online form.

You can also find further information on our Financial Assistance page.

What is an enclosure permit?

An enclosure permit is an authorisation issued by the department to an owner of an adjoining property and allows the Crown road to be:

  • used for the grazing of stock
  • fenced into the owner's private land.

An enclosure permit does not give a person ownership of the Crown road or allow them to restrict public access along the Crown road.

Minimum rent and fees

Enclosure permit rent is determined in accordance with the Crown Land Management Act 2016 and is statutory minimum. Statutory minimum is adjusted quarterly for the Consumer Price Index (CPI).

As at April 2024, minimum rent is $595.

In addition to annual rent, a fee applies for each application, alteration or notification of transfer.

Enclosure permit application$268.00
Enclosure permit alteration application (additional)$268.00
Enclosure permit notice of transfer application$101.00

What happens if a property is sold?

When a property enclosing a Crown road is sold, the enclosure permit remains in place and the new owner of the land is automatically liable for the payment of the enclosure permit rent. This liability includes any arrears of rent and interest.

The new owner of the land must notify the department in writing within 28 days of the date of the sale. The notification must be provided using the Enclosure Permit: Notification of Transfer Form.

It is highly recommended that a conveyancing search is undertaken with the department prior to the purchase of a rural property to check the existence of any enclosure permits and the balance of the enclosure permit rent and any monies owed.

Where only part of a property is sold and an enclosure permit needs to be subdivided between two or more parties, the balance of monies owed will remain with the continuing permit. A new enclosure permit will be granted to the incoming parties and the area and description of the original enclosure permit will be amended.

Do enclosure permits have conditions?

Yes, enclosure permits are subject to terms and conditions. Conditions range from the payment of rent, control of weeds and pests, to fencing and gate requirements. The permit holder must comply with the terms and conditions.

All enclosure permits include a standard condition requiring the permit holder not to obstruct public access along a Crown road, including:

  • providing gates (or other means of access) where the road is required for public use

  • maintaining any approaches to the Crown road in good order and condition

  • not locking gates that are used for public access along the Crown road.

The conditions of an enclosure permit do not allow for the clearing of any vegetation (except for noxious weeds) as it may contain important remnant vegetation or operate as a wildlife corridor. There are certain times where the department may consider some clearing, for example if it is required for the construction of a fence along the boundary of the Crown road. Permit holders are encouraged to discuss any concerns regarding the terms and conditions with the department.

Does an enclosure permit allow construction on the Crown road?

No, enclosure permits only allow for the Crown road to be grazed upon and fenced into adjoining land. Structures other than fencing and gates are not permissible.

Can the area of the enclosure permit be changed?

Yes, there are 2 ways that an enclosure permit can be amended:

  1. Addition: Areas of a Crown road can be added to an existing enclosure permit if the permit holder wants to enclose an additional Crown road into their property.
  2. Variation: An enclosure permit can be varied to reduce the authorised area. This could be the result of:
    • a Crown road being retained by government or transferred to council
    • the Crown road is closed and sold
    • a part of the Crown road is no longer enclosed in adjoining freehold land.

How is an enclosure permit cancelled?

If you are no longer using the Crown road and you choose to fence it out, you can apply to cancel your enclosure permit. The department will also consider requests to cancel an enclosure permit where the holder cannot physically access the road or fence the road out due to the terrain. This could include obstacles on the land such as swamps, marshes, rivers, cliffs, or rainforests.

The department may cancel an enclosure permit if the Crown road is closed, acquired or transferred to another roads authority.

The cancellation of an enclosure permit does not waive any outstanding rent due. For further information, visit Cancel an Enclosure Permit.