Enclosure permits

An enclosure permit (previously known as a road permit) allows a property owner to enclose a Crown road or watercourse within their property by fencing. An enclosure permit (EP):

  • authorises grazing, which is the only permissible use of an enclosure permit.
  • requires that the land must remain available for access if required; and
  • does not provide the holder with any title to the Crown road or watercourse;

The value of an EP to a landowner is not only the land's grazing value but also the saving in the cost of fencing the road out from their adjoining property.

The Department has a responsibility to ensure that any use of Crown roads is legally authorised under the Crown Lands Act 1989 and/or the Roads Act 1993. Penalties exist for any unauthorised use of Crown land - including the enclosure, occupation, construction or any other use of Crown roads.

Rents

Enclosure permit rentals change from time to time. Current approved concessions for EP holders apply as follows:

CategoryDetails
Applicants who had applied to close a Crown road prior to 10 June 2006 All rent relating to a corresponding EP is waived until the application (and any disposal) is finalised.
EPs that are part of a conservation agreement Rent continues to be reduced to $50.00 per annum
All other EP holders Enclosure Permit rental concessions have been extended. From 1 July 2016 $140 per annum plus CPI will be payable.

Reduced costs for closing and purchase of unnecessary Crown roads continue to apply. EP holders are encouraged to lodge applications to purchase the land that is subject to their enclosure permit. See our roads information page.

Cancelling an EP

Once granted, an EP normally remains in existence until:

  • The road has ceased to be enclosed. Generally, this happens when the Crown road is 'fenced out' from the adjoining property. When the road is no longer enclosed within the property an Enclosure Permit: Statutory Declaration can be completed and returned (refer to contact us). Once the Department has determined that the road is not enclosed, the EP will be terminated. Please be aware that inspections may be undertaken to confirm that the Crown road is not enclosed within your land.
  • The Crown road is legally closed and then purchased by the adjoining landowner. Under the Roads Act 1993 Crown roads not required for public access may be closed and purchased by adjoining property holders. Find out more about closing and purchasing Crown roads.
  • The road is transferred to another authority, eg the council. In some instances, local councils will apply to have control of a Crown road passed to them where that road is required for public use. Once control is passed to the council, any enclosure permit over the road is cancelled.

Rent continues to apply until the account is terminated by the department and the holder is notified.

For more information download the fact sheet.