Leases and licences

Different leasing and licensing requirements apply depending on the category of Crown land manager.

Council Crown land managers

From 1 July 2018, local councils manage appointed Crown reserves under the public land provisions of the Local Government Act 1993, including the granting of leases and licences.

Interim arrangements under clause 70 of the Crown Land Management Regulation 2018 allow local councils to grant certain leases and licences on Crown land until either a plan of management is adopted or the Crown land is classified as operational land with the Minister’s consent. For more information, visit the Office of Local Government

Non-council Crown land managers – category 1

Category 1 Crown land managers are authorised to issue leases and licences for a period up to 10 years (including any option to renew) without Minister’s consent. Longer term leases and licences can be issued with the Minister’s consent.

Non-council Crown land managers – category 2

Category 2 Crown land managers are authorised to issue short-term licences up to 12 months without the Minister’s consent. Longer term leases and licences can be issued with the Minister’s consent.

Short-term licences

Short-term licences (formerly known as ‘temporary licences’) can be granted for a period of up to one year. Short-term licence can only be granted for the prescribed purposes under clause 31 of the Crown Land Management Regulation 2018.

The following short-term licence templates are available for Crown land managers:

Licences

Use a licence:

  • when the proposed user does not need exclusive use of any part of the reserve
  • if it is for occasional or short-term use, for example, the use of a showground by a show society on specific days of the year.

Licences provide greater flexibility of use by different users who may operate at the same time. For example, a sporting club can use a playing field under licence, while food and other goods are sold on the site by a vendor under a separate licence. The requirements of the Community Engagement Strategy must be followed prior to issuing a licence for a term greater than 12 months.

The following licence template is available for Crown land managers:

Leases

Use a lease:

  • when the lessee needs exclusive use of the whole or part of the reserve or a building because of the type of business or activity they will be conducting
  • if the lessee has invested or proposes to invest, substantial sums of money installing or improving facilities on the reserve, for example, a sporting club.

A leaseholder has effective control of the leased area in the same way someone renting a house has sole rights to use the house. The requirements of the Community Engagement Strategy must be followed prior to issuing a lease.

The following lease template is available for Crown land managers:

Approvals

In granting leases and licences that require the Minister’s consent, non-council Crown land managers are encouraged to:

  • talk to the department early as to the appropriateness of the proposed use and the leasing or licensing arrangements. Preliminary discussions should include:
    • appropriateness of the proposal for the reserve purpose
    • Community Engagement Strategy requirements
    • market rent for the site
    • appropriate discounts for non-commercial users
    • potential improvements.
  • invite competitive tenders or proposals in order to attract the best operator and financial return. The department will advise whether it wishes to be involved in the review and selection process.
  • engage a solicitor to provide legal advice on the proposed tenure.

The Minister will consider all aspects of the proposal against the relevant legislation including:

  • public interest
  • compatible with the reserve purpose
  • consistent with the principles of Crown land management
  • environmental impacts.

There is also a full review of the proposal terms including rent, termination, insurance and indemnity among others.