Multiple Land Use Act 2013
The Crown Lands Amendment (Multiple Land Use) Act 2013 (the Act) amends the Crown Lands Act 1989 to protect the multiple use principle and ensures the legal validity of interests such as leases, licenses and permits which have been granted over reserved Crown land.
The bill was passed by Parliament on 20 November 2013 and assented to on 27 November 2013. The Act enables the Minister to grant a lease, licence or permit in respect of, or an easement or right-of-way, over a Crown reserve for a purpose other than the reserve purpose so long as the Minister is satisfied that the occupation of the reserve is in the public interest and is not likely to materially harm its use or occupation for the underlying reserve purpose.
Lodging a notice
Whether a tenure has been issued lawfully by the Minister or a Reserve trust, it has always been able to be challenged in a court of law. The Amendment Bill establishes a requirement that should a party seek to challenge the validity of a tenure it must first serve notice to the Minister of the alleged invalidity before it can be questioned in legal proceedings. The notice must be given using the approved form.
The following notice periods apply:
- six months - for a lease, licence or permit in respect of, or an easement or right-of-way granted over, a Crown reserve before 27 November 2013
- three months - for a lease, licence or permit in respect of, or an easement or right-of-way granted over, a Crown reserve on or after 27 November 2013
If you would like to lodge a notice, download the reserves form.
Note: If the department is unable to identify the reserve and/or secondary interest from the details you have provided, we will deem the notification as invalid. The department will normally send notification to the applicant in writing within five business days of receipt of the notice should the notice be deemed to be invalid.