Legislation

The key legislation governing Crown land in NSW is the Crown Land Management Act 2016 and the Crown Land Management Regulation 2018.

The Crown Land Management Act 2016 (CLM Act) provides a framework for the care, control and management of Crown reserves.

The Crown Land Management Regulation 2018 explains how parts of the CLM Act are carried out. This legislation ensures that Crown reserves are managed responsibly and that natural resources such as water, plants and animals, and scenic beauty are conserved, while still encouraging public use and enjoyment of the land.

Under the CLM Act, Crown land management rules can also be made for how Crown land managers look after Crown reserves. A rule can apply to all Crown land managers (both council and non-council), to a category of Crown land manager, or to a specific Crown land manager.

Current rules

• CLMR18/01 – Granting leases and licences for communication infrastructure-related purposes on Crown land (PDF, 132 KB)
• CLMR18/02 – Payment of proceeds from the operation of Crown caravan parks to the Crown Reserves Improvement Fund (PDF, 234 KB)

The objects of an Act outline its underlying purposes. For the CLM Act the objects demonstrate parliament’s intention that Crown land be effectively managed for multiple purposes.

The objects of the CLM Act are:

• provide for the ownership, use and management of Crown land
• provide clarity concerning the law applicable to Crown land
• require environmental, social, cultural heritage and economic considerations to be taken into account in decision-making about Crown land
• provide for the consistent, efficient, fair and transparent management of Crown land for the benefit of the people of NSW
• facilitate the use of Crown land by the Aboriginal people of NSW because of the spiritual, social, cultural and economic importance of land to Aboriginal people and, where appropriate, to enable the co-management of dedicated or reserved Crown land, and
• provide for the management of Crown land having regard to the principles of Crown land management.

The principles of Crown land management are:

• that environmental protection principles be observed in relation to the management and administration of Crown land
• that the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible
• that public use and enjoyment of appropriate Crown land be encouraged
• that, where appropriate, multiple use of Crown land be encouraged
• that, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and
• that Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.