Crown land is land that is owned and managed by the NSW Government. It accounts for approximately half of all land in New South Wales and carries special provisions.
What is Crown land?
Crown land includes a range of land types, such as:
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Crown lands held under lease, licence or permit
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Community managed reserves
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Lands retained in public ownership for environmental purposes
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Lands within the Crown public roads network
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Other unallocated lands.
Many non-tidal waterways across the state also comprise Crown land as do most tidal waterway land.
Crown lands are managed by the NSW Department of Industry.
History of Crown land legislation in New South Wales
When European settlement began in 1788, Governor Phillip claimed possession of the land for a penal colony on behalf of the British Government. All lands were vested in the name of the Crown, hence the name Crown lands. The Surveyor General's office was established soon after to administer these lands.
From 1791 to 1831 Governor Phillip (and later Governor Macquarie) issued free grants of land on behalf of the Crown to encourage settlement of the State, evidenced by a document known as a Crown grant. Governor Macquarie also instituted leasing of land between 1809 and 1821.
Over time, legislative changes have reflected the economic, social and environmental needs of land management for the State. In 1825 the system of selling land was introduced, leading to the abolition of free grants for Crown land in 1831. After 1831, land was only sold at public auction and the Governor's discretionary power of refusing applications for land ownership was abolished.
The NSW Department of Lands and Public Works was formed in 1856 to cater for the expanding functions of the Surveyor General's office. In 1859 the Department of Lands became a separate entity.
The Robertson Land Acts made free selection of Crown land possible for anyone. The Crown Lands Alienation Act 1861 (NSW) dealt with the sale of land and the Crown Lands Occupation Act 1861 (NSW) dealt with leasing. The Occupation Act 1861 (NSW) permitted any person to select up to 320 acres of land and purchase the freehold (with the exception of urban land). Prior to this, powerful squatters had managed to acquire vast amounts of the colony's prime land through initially illicit occupation. The Occupation Act opened up these squatter held lands for selection by anyone in the colony. The Alienation Act allowed the sale of town and suburban land by public auction.
The Crown Land Acts 1884 (NSW) created a new structure, introducing new tenures including grazing licences, homestead leases, conditional leases, pastoral leases and permits for wharves and jetties. This Act led to the division of land in NSW into eastern, central and western divisions. Local land boards were introduced in the three divisions in 1886, effectively decentralising Crown land administration.
The Western Lands Act 1901 was introduced in 1901 to establish a system of land tenure for land in the Western division of the State and was in force until the introduction of the current Crown Land Management Act in 2016.
In 1913 the Crown Lands Consolidation Act was introduced to consolidate all Crown lands legislation to deal with the sale, occupation and management of Crown lands.
In 1989 the Crown Lands Consolidation Act was repealed by the Crown Lands Act 1989, which was enacted to provide for the administration and management of Crown Land in the Eastern and Central Divisions of the State.
Current legislation for the administration of State land is the Crown Land Management Act 2016. This Act was introduced in 2016 to provide a simpler, more streamlined framework for Crown land administration and management. In particular, the current Act reflects increasing community requirements for improved consultation, more appropriate principles for Crown land management, and a streamlined tenure system. It also consolidates the management of Crown Land in all State land Divisions.
In addition, the new act introduced changes to the Roads Act concerning the Crown road system designed to make it easier for the citizens of NSW to obtain closed Crown roads.
Crown land enquiries
For all Crown land enquiries, contact the Department of Industry – Crown lands.