Council Crown land manager

• Check the Council Crown Land Manager Reserves Portal for all reserves for which council is the appointed Crown land manager.
• Consider the classifications and initial categorisation for each reserve.
• Confirm that ‘community land’ is the right classification for your Crown reserves or seek ‘operational’ classification, if appropriate.
• Refer to Guideline—classification of Crown land managed by council Crown land managers (PDF, 296 KB).
• If appropriate, complete the form, Classification of Crown land as operational land.
• Refer to Annexure B – classification of Crown land by council Crown land manager (PDF, 171 KB).

• Assign initial categorisations for community land Crown reserves.
• To notify the minister responsible for administering the CLM Act, complete the form called Written notice of assigned categorisation.
• If there are multiple categories across a reserve, you must provide a map.
• Refer to the Guide for initial categorisation of Crown reserves for council Crown land managers (PDF, 332 KB).

Councils must prepare plans of management for all community land. You must submit a copy of the draft plan to the minister responsible for the CLM Act, as landowner, before publicly exhibiting the draft plan. Refer to the guideline called Developing Plans of Management for community land Crown reserves (January 2024) (PDF, 1.3 MB).

When submitting the draft plan of management for the Department’s review, councils must also notify the Department, as landowner. Do this before publicly exhibiting the draft plan by completing the form called Notice of Plan(s) of Management for Crown Reserves. You also use this form to seek the minister's consent to adopt the plan of management, if no changes are made after the public exhibition.

You can include multiple plans of management in the one form.

We recommend that you complete the Plans of Management (PoM) – Checklist for Councils (DOCX, 183 KB) before submitting the draft plan.

Templates

• Plan of management template 1 – generic (DOCX, 200 KB) – Use this for a group of reserves that may have similar functions but are geographically separate.
• Plan of management template 2 – generic (DOCX, 259 KB) – structured by category – Use this for a group of reserves with the same category – for example, Parks
• Plan of management template 3 – site specific (DOCX, 261 KB) – Use this for one reserve where the use of the land is complex, with multiple categories, or where the land has special considerations.

Section 44 of the Local Government Act 1993 says, ‘pending the adoption of a plan of management for community land, the nature and use of the land must not be changed’. This means that a plan of management must be adopted before any proposed or planned works happen, or Granting leases and licences for Crown reserves – Fact sheet (2022) (PDF, 427 KB) are issued (unless covered under Clause 70 of the Crown Land Management Regulations 2018).

Examples of proposed or planned works could be:

• updated lighting
• new signage
• park upgrades
• improvements in amenities or accessibility.

Councils must notify the Department, as the landowner, of the draft plan of management before it is publicly exhibited. This is necessary under s39 of the Local Government Act 1993. Councils must also seek the Department's written consent to adopt the draft plan of management (under clause 70B of the CLM Regulation). Council can seek the Department's consent when it notifies the landowner of the draft plan.

When the minister has reviewed a draft plan of management, Crown Lands will send the council a letter. This gives consent to adopt the plan of management and confirms that the council can proceed to publicly exhibit it.

In some cases, Crown Lands may only give approval to proceed to public exhibition. When this happens, council must email the final version of the plan of management to [email protected] to seek the minister's consent to adopt it.

In all cases, if council amends the plan of management after the public exhibition, council must resubmit it to Crown Lands for the minister’s approval. Refer to the Guideline for developing Plans of Management for Community Land (June 2023) (PDF, 1.3 MB), which includes information on appropriate forms and templates.

Yes. Councils can use the Plan of management template 1 – generic ((DOCX, 200 KB) to prepare one generic plan of management for a group of reserves that are geographically separate but have similar functions and community land categories.

Councils can use the generic template to manage reserves that do not have complex management issues. Organise the reserves in a coordinated and consistent way, such as by:

• community land category (for example, park or general community use)
• location (for example, a group of reserves in a coastal area)
• reserves that have similar functions (for example, sportsgrounds).

Alternatively, councils can structure a generic plan of management by one category of land using Plan of management template 2 – generic – structured by category (DOCX, 259 KB). For example, this could be for parks, sportsgrounds, natural areas, and general community use.

Some types of community land cannot be included in a generic plan of management. Refer to section 3.1.1 in the Guideline for developing Plans of Management for Community Land (June 2023) (PDF, 1.3 MB).

Councils can use Plan of management template 3 – site-specific (DOCX, 261 KB) where a Crown reserve:

• has multiple categories
• has a variety of uses
• has special considerations
• needs a more detailed management regime.

Crown reserves categorised as an Area of Cultural Significance must have a site-specific plan of management. Refer to section 3.1.1 in the Guideline for developing Plans of Management for Community Land (June 2023) (PDF, 1.3 MB) for more information.

Councils must assign a category (or categories) to a reserve that is most closely related to the reserve purposes of the land. Consider the following when assigning categories under the Local Government Act 1993:

• Reserve purpose: Apply categories that ensure the land is used for the purpose for which it was originally set aside by its dedication or reservation.
• Current/existing use of the reserve: The initial categorisation cannot be based on a proposed or future use. Any change to the categorisation to support a future use should done through a plan of management.
• Characteristics of the land: Councils should consider the characteristics of the land when assigning a category.
• Material harm: Councils should consider if the management of the reserve under the assigned category is likely to materially harm the use of the land for its existing reserve purposes.

Councils may apply a single category or multiple categories to the reserve.

Council must decide if managing the land under the assigned category is likely to materially harm its use for an existing purpose. Consider:

• how much of the land may be affected by the added purpose
• how often and for how long the activities will be carried out for the added purpose and the effects they may have
• how lasting the likely harm would be and whether that harm is irreversible
• the current condition of the land
• the geographical, environmental and social context of the land
• any other considerations that the regulations may prescribe.

Refer to material harm for more information.

The General Community Use category can apply to land to help meet the current and future needs of the community and the public. This category can help promote, encourage and provide for the use of and the facilities on the land.

Councils can assign part of a reserve, or an entire reserve, as General Community Use when the land does not fit into any other category. Examples appropriate to categorise as General Community Use category include:

• surf lifesaving clubs
• caravan/holiday parks
• other purposes that require a lease or licence.

Refer to section 36I of the Local Government Act 1993 for more information.

No. Council Crown land managers must have an adopted plan of management in place before Granting leases and licences for Crown reserves – Fact sheet (2022) (PDF, 427 KB). The exception is if the proposed lease or licence complies with the provisions of clause 70(2) of the Crown Land Management Regulation 2018.

Yes. Coastal councils should reference their coastal management program in the ‘Strategic Objectives’ and ‘Management Framework’ sections of the plan of management. Councils should also include any authorised coastal management development work in the ‘Permissible Uses/Future Uses’ section of the plan, and any other relevant activities for coastal reserves, including leases and licences. Refer to section 22 of the Coastal Management Act 2016.

If the council does not have a coastal management plan, the management of these reserves must be consistent with the objects of the Coastal Management Act. This means managing the coastal environment in keeping with the principles of ecologically sustainable development for the social, cultural and economic wellbeing of the people of NSW (Part 1, Section 3 of the Coastal Management Act).

Crown reserves used for caravan parks can be managed effectively as ‘community land’ by council Crown land managers. Caravan parks best fit into the category of General Community Use (section 36I of the Local Government Act 1993).

More categories should be assigned under the Local Government Act where the reserve includes other areas and uses such as beaches, rock pools, car parks, and playgrounds. If the caravan park has existing residential tenancies or privately owned caravans, council should identify in their plan of management:

• the number of those occupations
• the terms of those occupations
• how council manages them.

A caravan park on a Crown reserve must have a site-specific plan of management. If there are multiple caravan parks on Crown land managed by council, council can combine these in one plan of management.

No. If councils want to manage a Crown reserve as operational land under the Local Government Act 1993, they will need the minister’s consent to classify land as operational. This consent under the Crown Land Management Act 2016 authorises the council to manage the Crown land as operational land from then on.

Councils manage more than 2,000 Crown reserves in NSW as a devolved manager. Crown reserves devolve to (are controlled by) council when they are not controlled by or vested in any other body or person or under any lease. These public reserves are managed under section 48 of the Local Government Act 1993.

Councils are not the Crown land manager for devolved land. They must manage it differently from reserves that they manage under the Crown Land Management Act 2016 (CLM Act). They do not have to prepare a plan of management for Crown reserves that devolve to them.

Councils need to manage devolved reserves in keeping with the reserve purpose. They can carry out:  

• minor improvements
• restoration work
• maintenance
• works for public safety.

They cannot grant any tenures over this land.

If a council is appointed as a Crown land manager, they can develop or deal in the land. They can also manage it as public land under the Local Government Act, and within the provisions of the CLM Act. Councils can ask to be appointed as Crown land manager by emailing their regional Crown Lands office.

For more information, refer to Managing devolved Crown reserves.