Extractive industry licences

Proponents wishing to operate a quarry to extract materials such as sand, soil or gravel from Crown land in the Western Division will need an Extractive Industry Licence. Provisions exist under Sections 34 and 34A of the Crown Lands Act 1989 and Schedule 2 (Section 50A) of the Western Lands Act 1901 for the Minister to grant a licence over Crown land in such a manner and subject to such terms and conditions as the Minister determines.

Licences may be granted in respect of:

  • Crown land not subject to any tenure;
  • Crown land subject to a lease or licence granted under the Crown Lands Act 1989 and the Western Lands Act 1901;
  • Crown land reserved from sale; and
  • Crown land reserved for a gazetted purpose (with the consent of the trustee if a trustee has been appointed).

The Department promotes equitable access to and allocation of Crown land. Therefore, any new Extractive Industry Licence will need to be offered by way of public competition, such as an Expression of Interest, unless circumstances warrant entering into direct negotiations. A number of factors are determined by the department prior to deciding on which method of allocation to use.

When assessing and granting an Extractive Industry Licence, the department needs to take a number of steps, which is quite an involved process. An Extractive Industry Licence fact sheet is available and provides more detailed information on the process of obtaining an Extractive Industry Licence in the Western Division.

The fact sheet is intended as a guide for authorities and proponents considering an Extractive Industry Licence and features the following details:

  • making an application;
  • the extractive industry licence application process, including public competition requirements;
  • legislative and policy requirements;
  • licence terms and conditions;
  • annual rent, royalties and security deposits;
  • compliance;
  • “transfer’ of a licence; and
  • termination of a licence.

In the first instance, it is strongly recommended that once a site has been identified, and prior to formally applying for a licence, proponents should notify the department of the desire for a licence and seek advice on the next steps for obtaining a licence.

More information

For information specific to Extractive Industry Licences in the Western Division, email clwestern.region@crownland.nsw.gov.au or call 1300 886 235 (press 3 for licence and lease enquiries and then press 4 for Western Lands enquiries).