Crown land is a valuable public asset that provides social, environmental and economic benefits to NSW.
Buildings, infrastructure and other assets on Crown reserves need to be closely managed to ensure these public places are safe and fit for purpose.
Asset register
As a Crown land manager, you must keep a register of structures, facilities, and other assets – including the land itself – that records the value and condition of all the assets.
For more information on keeping an asset register, refer to Managing reserve funds.
Maintenance plans and inspections
Keeping buildings and structures in good condition is important to extending the life of the facility, without the need for costly and time-consuming rebuilding. Crown land managers should develop a systematic approach to maintenance as part of the effective management of buildings, assets and infrastructure. The approach should consist of routine maintenance and regular inspections, which in turn should incorporate condition assessments to identify maintenance needs.
A systematic approach to maintenance
The Crown land manager should develop written maintenance plans specific to its reserve, to help schedule routine inspections and maintenance.
The plan should:
- specify how often to inspect the infrastructure and potentially hazardous natural features, such as waterways and trees over picnic or parking areas
- include an ongoing record of inspections with dates
- If there is litigation, this record can be produced in court to prove that care has been taken
- observe environmental protection principles to conserve natural resources, including water, soil, plants, animals, and scenic quality. Refer to Managing the environment for more detail
- be clear, simple and provide a straightforward process to follow. This will ensure all users understand it, including volunteers who might be new to the process. It might be useful to develop a standard maintenance and inspection form
- cover all premises, fittings and plant that must be kept in sound condition
- outline roles and responsibilities for people performing maintenance tasks
- outline that all reasonable precautions should be taken to prevent both bodily injury and damage to property
Crown land managers and their workers must comply with the statutory obligations and regulations imposed for the safety of people or property. Specifically, the Crown land manager and their workers must meet the requirements of the Work Health and Safety Act 2011 to protect the welfare of employees and visitors.
Crown land managers must regularly inspect the reserve, facilities and equipment to ensure there are no safety hazards. Key considerations include:
- All assets, buildings and infrastructure will need some inspections and maintenance. For example, it may be necessary to inspect the quality of play equipment, safety of built structures and access arrangements.
- Frequency of inspections will depend on the type of assets and infrastructure. For example, high-risk infrastructure such as gas barbecues may need monthly inspections, whereas picnic tables or footpaths may only require 6-monthly inspections.
- Where there is doubt about the safety of facilities or equipment, the Crown land manager should take remedial action. This might include removing equipment or prohibiting use or access through signs, barriers or fences.
- Key maintenance requirements will include mowing, weed removal, irrigation, building or equipment repairs, painting, rubbish collection, and addressing damaging acts like vandalism.
Part of the routine maintenance and inspection process is assessing the current condition of land, infrastructure and facilities. Crown land managers should keep written records of the ongoing conditions over time. The Department recommends that you use a standard condition rating (shown in the table below) to inform assessments.
| Level | Condition | Condition level description |
|---|---|---|
| C1 | Very good | No defects identified. No evidence of deterioration of discolouration. All components operable, well maintained and clean. Well secured. |
| C2 | Good | Generally good condition but shows signs of wear and tear. Some minor defects. |
| C3 | Moderate | Shows signs of surface deterioration, missing components or minor material breakdown. |
| C4 | Poor | Shows signs of major surface or structural deterioration. Below quality. Severe defects, which should be fixed urgently. |
| C5 | Very poor | Complete renovation, overhaul, or replacement needed. |
Other considerations include the following:
- The assessment may describe major changes to vegetation, landscape and land, as well as to physical assets such as buildings and infrastructure.
- Changes in the condition of the land and assets can then be related to management practices. The condition assessment will reflect the rate of asset deterioration or improvement from maintenance practices, helping you track the value of assets for your asset register.
- Condition assessments are also important for workplace health and safety management, in ensuring that machinery and assets are adequately maintained and operating safely.
Routine maintenance, inspections and condition assessments will produce the information necessary to identify the maintenance needs of the reserve. Key considerations include the following:
- Inspections of the land will reveal areas that need immediate action to maintain safe standards.
- The condition assessment will highlight aspects of buildings, assets and infrastructure that could be improved by major maintenance projects, and identify opportunities for more efficient grouped and precautionary maintenance.
- Both the inspections and the condition assessment will show the necessary level of routine maintenance needed to sustain resources.
- As you identify the specific maintenance needs, you should develop detailed plans of these and incorporate them into the maintenance plans. These should include specifications of the maintenance needs, how they will be done, funding requirements, expected benefits and anticipated timeframes.
- For example, you may find that the reserve’s access road needs annual maintenance to prevent substantial deterioration. Based on experience of maintaining the road, you could develop a plan that includes estimates of cost, how long access will be blocked during the maintenance repairs, and how the maintenance is most efficiently completed – that is, by using specific contractors or donated labour.
Fire management
Crown land managers may have fire management obligations for their buildings and other operations imposed by the Environmental Planning and Assessment Act 1979.
All fire-protection systems (for example, hydrants, hoses, extinguishers, smoke alarms and fire doors) must comply with Australian Standards and be operative at all times. These fire-protection systems must be inspected regularly and serviced in keeping with the Australian Standards.
You must develop and have in place evacuation procedures. You must communicate these to staff, any reserve residents and visitors.
In line with the Crown Land Management Regulation 2018, all non-council Crown land managers must keep detailed records of fire prevention. These records then also help provide information for the annual report to the minister.
What you must not do
It is an offence to:
- conceal a fire hydrant or a fire hydrant indicator
- damage fire brigade equipment
- tamper with an alarm or give a false alarm
- obstruct a fire fighter.
Protection of assets and people on site from fire must be a high priority for all Crown land managers. Visit Risk management and Funding for more information on fire management.
Caravan parks
Caravan park managers must ensure all caravan and campsites have appropriate separation to stop them setting each other on fire. The local fire authority or council should be able to provide advice on this.
Invite the local fire authority to visit the caravan park on a regular basis so that they can become familiar with the layout of the park as well as the location and type of fire hydrants.
You must provide hydrants and hose reels at caravan parks and many camping areas, in line with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021. You must comply with this Regulation at all times.
Under the Environmental Planning and Assessment Regulation 2000, you must install smoke alarms in all existing and new moveable dwellings. Moveable dwelling include:
- caravans, motor homes, campervans, holiday vans
- buses and other vehicles converted to provide sleeping accommodation, whether they are registered for road use or not
- annexes and associated structures made of non-flexible material (not tents)
- Caravan park managers must ensure that all moveable dwellings made available for human occupation are fitted with appropriate smoke alarms.
Heritage or cultural values
The Crown land manager is responsible for protecting and preserving aspects of heritage or cultural value on the reserve. Such resources may include buildings, works, relics, or other matters of Aboriginal or non-Aboriginal historic, scientific, social, archaeological, architectural, natural or aesthetic significance.
Visit Aboriginal interests for guidance on Aboriginal cultural and heritage values.
There are several local, state and federal statutory controls that may apply, and measures that can be used to protect cultural and natural heritage features and places. These include:
- The Environmental Planning and Assessment Act 1979 enables heritage items, such as buildings, structures, landscape items or places known as ‘conservation areas’, to be listed in a local environmental plan or a state environmental planning policy. Particular controls then apply to listed heritage items. The ‘exempt development’ provisions often do not apply, and applicants may need to submit a heritage impact statement with their development proposals. Contact the local council for more information.
- The National Parks and Wildlife Act 1974 protects Aboriginal heritage and natural assets such as endangered species. The Act also establishes offences for damaging or destroying Aboriginal objects and places.
- The Heritage Act 1977 focuses on items that have state heritage significance. These are listed on the State Heritage Register that the Department administers. An application to carry out works affecting an item on the State Heritage Register will generally need separate approval under the Heritage Act, though it can be combined with a development application as ‘integrated development’.
- The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 protects Australia’s National Estate, which consists of places of aesthetic, historic, scientific or social significance owned by the Commonwealth or that have heritage value to the nation. These items are listed on the Australian Heritage Database, administered by the federal Department of Climate Change, Energy, the Environment and Water. An approval under the Act may be needed if a proposal is likely to have a significant effect on a listed item.
If there is any doubt about whether any of the following legislation applies, contact the Department for advice.
Heritage identification on reserves
Crown land managers should seek expert advice on the level of heritage significance for any item or feature on their reserve. A good source of information is the local council. Many councils in NSW have a free or low-cost heritage advisory service. The heritage advisor can give expert advice on:
- how to look after heritage assets
- how to incorporate change – for example, wheelchair access and fire protection
- work that does not require formal council approval (some conservation work, such as repairs and repainting, does not require approval)
- funding sources, including funding through the local council itself.
Crown land manager requirements
Crown land managers:
- should allow public access to items of environmental heritage on their reserve
- should not damage, destroy, display a notice or advertisement on, or remove vegetation from a heritage object or heritage area without first getting necessary approval under the Environmental Planning and Assessment Act 1979 and/or under the Heritage Act 1977
- This includes not allowing others to do these things without approval
- must keep a register of environmental heritage items on their reserve land, and include heritage items in their annual report to the minister
- must seek required approvals to carry out works on cultural and heritage items and maintain a minimum level of repair and maintenance to prevent their degradation.