This Regulation sets out detailed rules for how Crown land in New South Wales is to be used, managed, leased, licensed and reported on. It operates alongside the Crown Land Management Act 2016 (referred to in the Regulation as "the Act") and prescribes specifics that make the Act workable in practice. Key areas covered include:
public access and rules for dedicated or reserved Crown land (who may restrict access, what notices are required and what conduct is prohibited) (see clauses 4–11);
powers of responsible managers to set aside parts of land for uses, to determine fees and conditions of entry, and to enforce those rules (clauses 5–8);
authorised persons and transitional arrangements for people previously authorised under the old Crown Lands by-law (clause 4(1)–(2), clause 11);
the responsibilities, reporting and record-keeping required of non-council and statutory land managers, and basic governance requirements for statutory land managers (clauses 16–25, 18–21, 19);
criteria and processes for vesting Crown land in councils or statutory corporations and related procedural conditions (clauses 26–27, 40–41);
a long schedule of activities that may be prohibited on Crown land by direction or notice (clause 13) and specific prohibitions on easements for public access (clause 35);
fees, fee-setting mechanics and indexed fee units for Department services and applications (clauses 61–63, clause 62 referencing Schedule 1, and Part 2 of Schedule 1 establishing fee units and indexation);
This Regulation, the Crown Land Management Regulation 2018 (the Regulation), prescribes operational, procedural and financial rules to give effect to the Crown Land Management Act 2016 (the Act) and related provisions. Mechanically, it:
Names the instrument (clause 1) and fixes commencement sequencing (clause 2). Certain clauses and Schedule 4 commenced on 19 March 2018 while the remainder commenced on repeal of the Crown Lands Act 1989 (cl 2(1)-(3)).
Supplies definitions used throughout the Regulation (clause 3) and in particular defines fee unit, links to the Biosecurity Act 2015 for the term pest, and identifies the Act as the Crown Land Management Act 2016 (cl 3(1)).
Regulates public access to dedicated or reserved Crown land, including how responsible managers may display public notices, set times of access, close or restrict areas, set conditions of entry and levy entrance fees (clauses 4-11). It prescribes offences for non‑compliance and associated penalties (see cl 5(2), cl 8(3)-(4), cl 9(1)).
Prescribes what counts as dumping (clause 12) and lists activities that may be prohibited on Crown land by direction or notice under Part 9 of the Act (clause 13 and its Table).
Prescribes operational rules for Crown land management and vesting: assignment of certain entities as category 1 non‑council managers (clause 16); obligations for community advisory groups, annual reports and record‑keeping by non‑council managers (clauses 17-19); procedures for statutory land managers’ finance, meetings and committees (clauses 20-25); criteria and mechanics for vesting land in local councils or statutory corporations (clauses 26-27).
Sets terms for dealings and holdings such as permitted terms and conditions in holdings (clause 29), sale/disposal distances for Western Division lands (clause 30), short‑term licences and conditions (clause 31), licences for unauthorised occupiers (clause 32), notifications by transferees (clauses 33-34), prescribed prohibitions and permitted structures on easements for public access (clauses 35-36), assessment principles for removing covenants (clause 37).
Current sections
Direct links to the current provisions in Crown Land Management Regulation 2018.
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penalty notice offences and fixed penalty amounts for a range of breaches (Schedule 2);
detailed rules specific to Western Division Crown land and Western Lands leases, including formulas for annual rents, charges and rebates for rural and urban Western lands leases, the numerical per‑hectare amounts used in those formulas (k1–k12), and the CPI-linked scaling factor (clauses 42–54, 44–51, 49–50);
transitional and exemption provisions (for example, certain council manager activities are temporarily exempt from parts of the Act until plans of management are adopted) (clauses 69A, 70–71, 73);
prescription of petroleum as a “mineral” for the Act (clause 67);
a standard form trust instrument for institutional private trust land (Schedule 3).
The Regulation is largely procedural and technical: it prescribes permitted and prohibited activities, administrative processes, how fees and rents are calculated, who may be authorised to act and what reporting and record-keeping is required.
Who is affected
Responsible managers of dedicated or reserved Crown land (including the Minister, councils, non‑council managers and statutory land managers) — they gain powers to set notices, fees, entry conditions and must comply with record‑keeping and reporting obligations (clauses 5–9, 18–19, 20–25).
Users and the public who access Crown land — their rights to enter, the times and places of access and prohibited conduct are regulated and penalties apply for breaches (clauses 5, 8–9; Schedule 2).
Holders of licences, leases and Western lands leaseholders — subject to licence/lease conditions, assessed annual rent and fees, and specific Western Division charging formulas (clauses 29, 31–33, 44–54, Schedule 1).
Local councils — receive prescribed information about holdings for local government functions (clause 66) and may be liable to indemnify the State for compensation payable because of council conduct affecting native title (clause 28).
Applicants for dealings with Crown land — must use Department application forms, pay prescribed fees and meet notice/notification requirements (clauses 61–63, Schedule 1).
Trustees of institutional private trust land — a standard trust instrument is prescribed and the Regulation sets procedural rules for adopting it (clause 69 and Schedule 3).
Why it matters (mechanics, incentives and trade-offs)
Who pays: application, transfer and dealing fees are payable by applicants and holders as set out in Schedule 1 and clause 62 (fees move to a fee‑unit system from 2020–21). Annual rent for Western lands leases is payable by leaseholders and cannot fall below a statutory minimum (clauses 38, 44–54; Schedule 1). Councils may be required to indemnify the State for native title compensation costs (clause 28). Penalty notice amounts are payable by persons or corporations who breach listed offences (Schedule 2).
Who decides and where discretion sits: responsible managers determine times of public access, entry conditions and some fees (clauses 5–8). The Minister retains powers to disallow or vary fees (clause 7(7)), to require audits of non‑council manager reports (clause 18(3)), to require applications in particular circumstances (clause 59(3)), and to approve some leases and transfers (multiple provisions, e.g. clauses 27, 32(8), 41). The Secretary may disclose holding information to councils (clause 66) and the Minister sets guidelines and may publish them (clause 52). The rent scaling factor is formulaic but depends on CPI inputs (clause 49).
Compliance burden: managers must display public notices, keep specified records, prepare annual reports with detailed items (financial statements, asset registers, leases, environmental measures and more) (clauses 5, 7, 18, 19). Statutory land managers have meeting, treasury and procedural requirements (clauses 20–25). Applicants must use approved forms and pay fees (clause 61). Western Division leaseholders must expect detailed annual rent assessments using multi‑part formulas and CPI indexing (clauses 44–51).
Administrative costs and predictability: the Regulation creates predictable formulas for rents (clauses 44–51, 49–50) and an indexed fee unit (Part 2 of Schedule 1, Division 2) so many charges are mechanically tied to published CPI numbers. That reduces ad hoc fee setting but requires leaseholders and applicants to track indexation and formula elements (for example, hectares in banded ranges and the scaling factor calculation).
Incentives and behavioural effects: the Regulation allows managers to restrict uses and charge for entry (clauses 5–8), which can deter or redirect public and commercial activity. Specific permitted activities on Western lands leases carry insurance and operational requirements (clause 43), creating an incentive for leaseholders or event operators to obtain insurance and comply with safety and environmental laws. The rules for cultivation consents and exemptions (clause 59) create defined pathways and exceptions that will affect on‑ground land use decisions in the Western Division.
Concentrated benefits and diffuse costs: many powers (for example, Ministerial consent, ability to disallow fees, indemnity rules) concentrate decision rights and potential liabilities in the Minister and, in one instance, local councils (clause 7(7), clause 28). Costs that follow (fees, rents, compliance costs, indemnities) are borne by applicants, licence/lease holders and local councils as specified. The text prescribes safeguards such as notice requirements and the right to public notice display; it also preserves certain prior notices under the old by‑law (clause 11).
Implementation risks and discretionary scope: the Regulation combines prescriptive numeric formulas (rents, k values, fee units and indexation formulas — clauses 44–51, Schedule 1 Part 2 Division 2) with broad Ministerial discretion (many clauses authorise Ministerial direction, consent or notice). That mix reduces uncertainty about prices but gives the Minister discretion in many administrative steps (for example, consent to leases, waiver/remission of fees, requiring audits) which creates implementation reliance on Department practices (clauses 7(6)–(7), 18(3), 61(1)).
Areas of enforcement and penalties: the Regulation sets out specific prohibited conduct on dedicated or reserved Crown land and enables penalty notices with stated amounts (clauses 5, 8–9; Schedule 2). Those provisions create clear enforcement tools and predictable monetary penalties.
Concrete references to key provisions (examples)
Responsible managers may display public notices to set access times, close land or restrict uses (clause 5). Non‑compliance is a penalty offence (clause 5(2), Schedule 2).
Fees and charges must be displayed at entrances or published online; the Minister can disallow or vary fees set by a responsible manager (clause 7(4)–(7)).
Western Division rent calculation is a banded hectare formula with per‑hectare k‑rates and a CPI‑linked scaling factor (clauses 44–51; clause 50 lists k1–k12 amounts).
Applicants must use Department-approved forms and pay prescribed fees or fee‑unit equivalents (clause 61; clause 62 and Schedule 1).
Local councils must indemnify the State for compensation payable for impacts on native title caused by council conduct (clause 28).
This summary describes how the Regulation operates mechanically, who is made to act or to pay, what behaviours are permitted or restricted, what reporting and record‑keeping is required, and where regulatory discretion and cost allocations sit. For exact wording, formulae and fees refer to the cited clauses and Schedules noted above.
Establishes a detailed regulatory regime for Western Division Crown land (Part 5), including rent formulas for rural and urban Western lands leases (clauses 43-54), cultivation consent exemptions (clause 59), and enclosure permit notice rules (clause 60).
Provides administrative processes for applications, fees, interest rates, electronic service, disclosure to local councils and Ministerial consultation obligations when preparing State strategic plans for Crown land (clauses 61-66).
Fixes other matters such as definition of mineral for the Act (clause 67), notice publication requirements for altering State division boundaries (clause 68), prescribes a standard form trust instrument for institutional private trust land (Schedule 3, cl 69(1)), exemptions from certain Act provisions (clauses 69A, 70-71, 72), transitional arrangements for security deposits (clause 73), and a Schedule of fees and penalty notice offences (Schedule 1 and Schedule 2).
Implements indexing and rounding rules for the fee unit and fees (Schedule 1, Part 2 Division 2).
Taken as a whole, the Regulation provides the operational detail (definitions, notices, fee mechanics, reporting and recordkeeping) that sits beneath the Act’s broader framework for the care, control and management of Crown land. The Regulation delegates multiple points of discretion to responsible managers and the Minister (for example, fee setting and disallowance (cl 7(1), (7)); licence termination (cl 32(8)); and Ministerial guidelines and directions (cl 18(1), cl 52(1))). It also creates specified compliance obligations for holders of licences, lessees and managers (for example, payment of rents and fees, record keeping and public notice requirements).
Main concepts
The Regulation relies on and refines a set of core statutory concepts. The following are the principal concepts that structure rights, duties and processes.
Responsible manager and authorised person. The Regulation defines “authorised person” in relation to dedicated or reserved Crown land to include authorised officers, board members or governing body members of a responsible manager, and employees authorised in writing by the manager (cl 4(1)). “Responsible manager” is defined by reference to the Crown land managers or, where none exist, the Minister (cl 4(1)). These definitions allocate practical decision‑making power to managers and the Minister over access, notices and enforcement on dedicated or reserved Crown land (see Part 2 Div 1).
Dedicated or reserved Crown land. The Regulation’s Division 1 (clauses 4-15) addresses dedicated or reserved Crown land, treating it as land with special public‑use constraints that responsible managers must manage by public notices, conditions of entry and fees (cl 5-9). The Regulation carries forward pre‑existing public notices under the repealed Crown Lands (General Reserves) By‑law 2006 for continuity (cl 11).
Holdings, leases and licences. The Regulation uses the Act’s terminology (holding, licence, lease). It prescribes matters that can be included in holdings’ terms and conditions (insurance, indemnities, obligations on land management and remediation; cl 29), sets mechanics for short‑term licences including maximum term and landlord/tenant relationship non‑creation (cl 31), and prescribes conditions and Ministerial discretionary powers for licences to unauthorised occupiers (cl 32).
Fee unit and fees. The Regulation defines a fee unit (Part 2 of Schedule 1) and establishes how fees listed in Schedule 1 are payable, indexed and rounded (Schedule 1 Part 2 Division 2, clauses 2-4). Clause 62 links application forms to fees and sets transitional fee rules for earlier financial years.
Penalties and penalty notices. The Regulation prescribes particular offences and maximum penalties in relation to access and conduct on dedicated or reserved land (cl 5(2), cl 8(3)-(4), cl 9(1)), and supplies a Schedule of penalty notice offences with fixed dollar amounts for specified Act sections and Regulation clauses (Schedule 2).
Western Division leasing regime. Part 5 creates an elaborate rent and regulatory regime for Western Division rural and urban Western lands leases: annual rent calculation (cl 44 for rural, cl 53 for urban), detailed base rent and charge formulas (cl 45-48), scaling factor and CPI linkage (cl 49), and the k1-k12 per‑hectare amounts (cl 50). It also specifies assessment timing and notice processes (cl 51) and Ministerial guideline power (cl 52).
Prescriptions and cross‑law interfacing. Several clauses expressly import other Acts or frameworks as part of regulatory conditions. Examples include use of the Biosecurity Act meaning of pest (cl 3); Aboriginal object definition cross‑reference to the National Parks and Wildlife Act (cl 9(3)); exemptions and linkages to the Environmental Planning and Assessment Act, Forestry Act, Fisheries Management Act and Mining Act in specified activity conditions (eg cl 43 Table).
Standard form trust instrument. The Regulation prescribes a full standard form trust instrument for institutional private trust land in Schedule 3, including governance, powers, meeting, amendment and termination rules (cl 69 and Schedule 3).
These concepts structure who decides (responsible managers, Minister, non‑council managers, statutory managers), who pays (holders, licensees, transferees via fees and rent provisions), and the specific behaviour rules (access conditions, prohibited activities, insurance, rehabilitation, rent and fee compliance).
Who it affects
The Regulation reaches across several groups; it is helpful to set out who will be materially affected and in what functional capacity.
Responsible managers and Crown land managers. Responsible managers of dedicated or reserved Crown land are central. They have powers to determine public access times, close or restrict areas, set and display fees and conditions of entry, make public notices, require entrance fees, and waive fees in particular cases (cl 5-8). The Minister can disallow or vary fees set by a responsible manager (cl 7(7)), so responsible managers operate with delegated discretion but within Ministerial oversight.
Non‑council managers and statutory land managers. The Regulation assigns certain entities as category 1 non‑council managers (eg NSW Crown Holiday Parks Land Manager, Catholic Metropolitan Cemeteries Trust, Rookwood Necropolis Land Manager, Metropolitan Memorial Parks Land Manager; cl 16). It prescribes governance and administrative duties for non‑council managers (community advisory groups, annual report contents, record keeping , cl 17-19) and specific financial controls for statutory land managers (depositing receipts, authorisation of expenditure, cheques signatures, treasurer and secretary functions , cl 20-21).
Local councils. Local councils are affected in several ways: vesting criteria for transferable Crown land prescribes local‑value criteria (cl 26); local councils may be vesting recipients (cl 26, cl 27); the Secretary may disclose information about holdings and enclosure permits to a local council for use in council functions (cl 66); and council managers may be subject to temporary exemptions from certain Act provisions until they adopt a plan of management (cl 70-70B).
Holders of leases, licence holders, unauthorised occupiers, transferees and mortgagees. The Regulation prescribes application forms, notification requirements on transfer or surrender (cl 33-34, cl 41, cl 56-57), conditions of licences (including for unauthorised occupiers , cl 32), maximum short‑term licence terms and special conditions (cl 31), and rent and fee mechanics (clauses 38, 44-54). Mortgagees must give consent for purchase applications and be notified of extensions/conversions where applicable (cl 40(2), cl 56-57).
Community stakeholders and users of Crown land. The Regulation prescribes activities that can be prohibited by direction or notice (clause 13 Table). It also prescribes public access signage and conditions (cl 5, cl 8). Users are subject to offences and penalty units for contravening entry conditions or conduct prohibitions (cl 5(2), cl 8(3)-(4), cl 9(1); Schedule 2 sets penalty notice amounts).
Trustees of institutional private trust land. Schedule 3 prescribes a detailed standard form trust instrument, and trustees who adopt that form will operate under the instrument’s governance, meeting, investment and amendment rules (cl 69 and Schedule 3).
The Minister and Department. The Minister retains multiple levers of action: disallowing or varying manager‑set fees (cl 7(7)); directing establishment and composition of community advisory groups for non‑council managers (cl 17); determining what is required in annual reports or audited annual reports for non‑council managers (cl 18); providing consent or directions in vesting and dealings (for example cl 27); publishing guidelines for rent assessment (cl 52); and receiving notices and applications in prescribed form, with fees, via the Department (clause 61-62). The Secretary is authorised to disclose specified holding information to local councils (cl 66) and to give notice of fee unit amounts annually (Schedule 1 Part 2 Div 2 cl 4).
The Regulation therefore affects both public‑sector bodies that manage Crown land and private stakeholders who possess or use Crown land. It allocates decision‑making across tiers (Minister, Secretary, responsible managers, non‑council managers and trustees) and imposes operational obligations (notices, record‑keeping, reporting, insurance conditions, rent payment, and notification requirements) on those who administer or use Crown land.
Key duties and rights
The Regulation establishes concrete duties, rights and conditional discretions for managers, holders, the Minister and other actors. Those duties translate into practical compliance tasks and discretionary levers.
Duties and powers of responsible managers and authorised persons
Display and enforcement of public notices: responsible managers may specify public access times, temporarily or periodically close land dedicated or reserved for public recreation, restrict purposes of use, and prohibit use specified in the notice, by public notice at or adjacent to each entrance to the land (cl 5(1)). It is an offence to contravene such a notice (cl 5(2), maximum 50 penalty units).
Set aside part uses: managers may set aside parts of dedicated or reserved Crown land for any purpose for which the land may be used, subject to plans of management (cl 6).
Fee setting and display: managers may determine fees for uses including parking, electricity, rubbish removal and entry, must display them at entrances or post them to a publicly accessible website with the notice indicating the website (cl 7(1), (4)-(5)). Managers may waive fees in any particular case (cl 7(6)). The Minister may disallow or vary fees by notice and the Crown land manager must give effect to that notice (cl 7(7)).
Conditions of entry: persons enter subject to conditions determined by the responsible manager and displayed at entrances (cl 8(1)). The manager may designate exit/entrance points; persons must use designated points (cl 8(2)-(3)). If an entrance fee is demanded the person must pay it and enter as directed (cl 8(4)). Offences attract a maximum of 50 penalty units.
Prohibitions on conduct: a detailed list of prohibited conduct on dedicated or reserved Crown land is set out (cl 9(1)), with a statutory defence of reasonable excuse (cl 9(2)). Aboriginal object definition is imported from the National Parks and Wildlife Act for the purposes of protection (cl 9(3)).
Duties and rights of non‑council managers and statutory land managers
Reporting and record keeping: annual reports of non‑council managers must include specified financial and governance information (cl 18(1)(a)-(o)). Records that non‑council managers must keep are specified and must permit dissection by area if managing multiple land areas (cl 19(1)-(4)).
Financial controls: statutory land managers must deposit all receipts to an authorised deposit‑taking institution account (cl 20(1)), authorise expenditure at properly convened meetings by tabling a treasurer’s report (cl 20(2)), and follow cheque signing rules (cl 20(3)-(4)). Category 2 statutory land managers must appoint a treasurer and secretary with specified functions (cl 21).
Meetings and governance: boards of statutory land managers are required to meet at least four times a year (unless Minister allows otherwise) with presentation of accounts to the annual general meeting (cl 22). Procedure for special meetings and notice requirements are prescribed (cl 23-24).
Duties on holders, licence conditions and notifications
Short‑term licence purposes, term and non‑creation of landlord/tenant: prescribed purposes for short‑term licences are listed (cl 31(1) and Table), the relationship of landlord and tenant is expressly not created (cl 31(2)), and the maximum permitted term is one year including options or holding over (cl 31(3)).
Licences for unauthorised occupiers: licences granted under section 5.26 are subject to conditions including annual rent paid in advance unless the Minister otherwise approves, maintenance obligations, legal compliance, making good the land, purpose limitations, indemnity of the Minister and the Minister’s absolute discretion to terminate (cl 32(1)-(8)).
Notifications to Minister and Secretary: transferees must notify the Minister or Secretary in writing and pay the prescribed fee within 28 days of transfer in specified contexts (cl 33-34, cl 41(2)-(4), cl 56-57).
Rent and fee payment: minimum rent and base rent mechanics are prescribed; for Western Division leaseholders, detailed formulas (cl 38, cl 44-48, cl 50) apply and annual assessments must be made with notice served as soon as practicable after assessment (cl 51(1)-(3)).
Ministerial powers and duties
Disallowing or varying fees set by managers (cl 7(7)).
Direction to establish community advisory groups and to determine their composition and removal grounds (cl 17).
Power to require audits of non‑council managers’ annual reports (cl 18(3)).
Power to establish guidelines for the assessment of annual rents for rural Western lands holdings and guidance to which decision‑makers must have regard (cl 52).
Notification and publication duties in relation to altering State division boundaries (cl 68).
Consultation duties for draft State strategic plans: specified agencies must be sought for advice (cl 64).
Other rights and protections
Several clauses provide defences or limits on liability: reasonable excuse defence for cl 9 offences (cl 9(2)); cl 10(1)-(3) excludes acts by authorised officers and actions under a holding’s conditions from being offences against Division 1 while stating that no consent can authorise acts prohibited by the Act or other law (cl 10(3)).
These duties are concrete and often prescriptive (display notices, keep records, pay rents, serve specified forms with fees). The Regulation also creates discrete discretionary spaces (Ministerial disallowance of fees, Minister’s absolute discretion to terminate certain licences), which allocate decision authority and therefore the potential for administrative choices that will directly affect holders and managers.
Penalties and enforcement
The Regulation creates a layered enforcement framework combining criminal offences with penalty notice regimes and administrative discretions. The formal enforcement instruments are as follows.
Offences and maximum penalties in the Regulation
Entry contrary to a public notice is an offence (clause 5(2)). The maximum penalty for this clause is 50 penalty units (cl 5(2)).
Failure to use designated entry or exit points is an offence (clause 8(3)), maximum 50 penalty units.
Failure to pay a demanded entrance fee and enter as directed is an offence (clause 8(4)), maximum 50 penalty units.
Conduct prohibited on dedicated or reserved Crown land (listed activities in clause 9(1)) is an offence attractable to a maximum penalty of 50 penalty units. Clause 9(2) provides that it is a defence if the defendant proves there was a reasonable excuse.
The Regulation clarifies that certain acts do not constitute an offence under the Division where they are done in an authorised capacity or with the consent/direction of a responsible manager (cl 10(1)-(3)). However, that clause also states that such consent does not permit conduct contrary to the Act or any other law (cl 10(3)).
Penalty notice regime (Schedule 2)
Schedule 2 lists specific offences (both under the Act and the Regulation) for which a penalty notice may be issued and fixes the amount payable for each. The Schedule covers a range of offences under the Act (for example, section 9.2(1) or (2) attracts $2,200 for a corporation or $1,100 for an individual) and Regulation breaches (clauses 5(2), 8(3), 8(4), 9(1) attract $220 each in column 2 of Schedule 2).
For offences under the Act the Schedule sets larger penalty notice amounts in many cases; for instance, a breach of section 9.3(1) or (2) of the Act carries $2,200 for a corporation or $1,100 for an individual. This means that for some specified breaches the on‑the‑spot or administrative fine (penalty notice) is sizeable and varies depending on corporate status.
Administrative enforcement and discretion
The Minister retains administrative enforcement instruments beyond monetary penalties. For example, under the terms set for licences for unauthorised occupiers, the Minister may terminate a licence at the Minister’s absolute discretion (cl 32(8)). That is an administrative power to remove a legal right to occupy.
Responsible managers and authorised persons are empowered to request persons leave the land and their directions carry offence consequences if contravened (cl 9(1)(e), cl 5(1)).
Managers can set fees, but the Minister can serve notice disallowing or varying any fee or charge as set out in the notice and the Crown land manager must give effect to the Minister’s notice (cl 7(7)). The practical enforcement mechanism here is a direction backed by statutory duty on the manager.
Procedural requirements that support enforcement
The Regulation prescribes notice and publication requirements (for entrance fees, for changes to boundaries, for assessments of annual rent, and for application procedures) that create clear procedural touchpoints for imposing or enforcing duties (cl 7(4)-(5), cl 68, cl 51(1)-(3), cl 61-62).
Records and reporting by non‑council managers (cl 18-19) provide evidentiary bases for auditing, compliance checks and enforcement.
Limits and defences
The Regulation sometimes provides explicit defences or limits on enforcement. Clause 9(2) provides the reasonable excuse defence to offences under cl 9(1). Clause 10 limits offences where acts are performed by authorised persons or under a holding’s conditions, with the express caveat that no consent permits contravention of the Act or other law (cl 10(1)-(3)).
In sum, enforcement is a hybrid of criminal penalty exposure (including maximum penalty units), administrative penalty notice amounts for specified offences in Schedule 2, and Ministerial or manager discretion to require compliance, alter fees, or terminate licences. The Regulation sets out explicit publication/notice and recordkeeping duties that underpin detectability and enforcement of contraventions.
How it interacts with other laws
The Regulation is heavily cross‑referenced and designed to sit alongside a network of State and Commonwealth Acts; it prescribes where other statutory regimes are to be applied or where they modify operation of the Act. Key cross‑links follow.
Direct cross‑references and imported definitions
The Regulation defines “pest” by reference to the Biosecurity Act 2015 (cl 3(1)). The meaning of Aboriginal object is imported from the National Parks and Wildlife Act 1974 for the purposes of cl 9 (cl 9(3)).
The Regulation specifies that petroleum (as defined in the Petroleum (Onshore) Act 1991) is prescribed as a mineral for the purposes of paragraph (b) of the definition of mineral in the Act (cl 67). The prescribed interest rate definition uses the Bank Accepted Bill rate from the Taxation Administration Act 1996 (cl 63(3)).
Clause 14 explicitly restricts what is taken to be Ministerial consent for certain development applications over dedicated or reserved Crown land and imports concepts such as “coastal waters” from the Interpretation Act 1987 (cl 14(3)(a)-(b)).
Interaction with environmental and planning laws
Several activities are conditioned on compliance with other laws. The table in clause 43 (approved activities for perpetual Western lands leases) requires compliance with the Environmental Planning and Assessment Act 1979 or any other law for feedlots, aquaculture, film making (cl 43 Table items 3-4, 13). Recreational fishing is permitted subject to the Fisheries Management Act 1994 (cl 43 Table item 15).
The modification clause 39 modifies the Land Acquisition (Just Terms Compensation) Act 1991 in so far as compensation for withdrawal of land from holding under section 7.8 of the Act is limited to the value of improvements, i.e. the Regulation changes the quantum of compensation payable under another Act as it applies in this narrow context (cl 39).
Local Government Act interface
The Regulation interacts with the Local Government Act 1993 in several ways. Clause 31 refers to filming as defined in that Act. Clause 70A and 70B provide exemptions and modifications affecting council managers, including requiring a council manager to obtain written consent of the Minister to adopt a plan of management (cl 70B). Clause 66 allows the Secretary to disclose certain holding information to a local council for local government functions (cl 66).
Forestry, mining and fisheries law cross‑over
Clause 43(1) requires a leaseholder engaged in conservation to not restrict the Forestry Corporation from accessing Crown timber under the Forestry Act 2012. Fossicking is conditional on compliance with the Mining Act 1992 (cl 43 Table items 1 and 16). Clause 59 excludes cultivation in State forests, timber reserves or flora reserves under the Forestry Act 2012 from cultivation consent exemptions (cl 59(2)(d)).
Commonwealth law interface
Clause 13(2) explicitly preserves a person with a disability’s right, under the Disability Discrimination Act 1992 (Cth), to be accompanied by an assistance animal or use a mobility aid despite any prohibitions in clause 13. The Regulation therefore recognises and defers to Commonwealth anti‑discrimination protections.
Administrative law and other procedural interactions
The Regulation frequently delegates authority to the Minister and requires publication, consultation and notification (cl 2, cl 64, cl 68). Those procedural duties create interfaces with administrative law principles and may be consequential in any review or challenge of decisions under the Regulation.
Taken together, the Regulation is not a freestanding code; it is designed to work in conjunction with multiple State and Commonwealth Acts. Those cross‑references create conditional constraints (for example, areas where cultivation is prohibited because another Act applies), and allocate decision‑making responsibilities that can require managers and holders to obtain consents or comply with external statutory regimes.
Amendment history
The Regulation text contains several embedded amendment notations. The following captures the amendments and insertions that are recorded within the Regulation document itself, by clause reference, as provided in the source.
Clause 2 (commencement and repeal): the clause sets the staged commencement dates and records Schedule 4’s repeal on 20 March 2018 (cl 2(2)-(3)). Schedule 4 itself is noted as repealed (Schedule 4 Repealed).
Clause 16 (Category 1 non‑council managers): contains amendment notes “cl 16: Am 2018 (229), Sch 1 [1] [2]; 2023 (447), sec 3(1) (2).” This records amendments made in 2018 and 2023 to the list of assigned category 1 non‑council managers.
Clause 29: amended 2019 (cl 29: Am 2019 (72), Sch 1 [1] [2]). This affects the list of matters permitted in holding terms.
Clause 35: amended 2018 (cl 35: Am 2018 (229), Sch 1 [3]). That amendment altered prescribed activities prohibited on easements for public access.
Clause 38, 39, 40 and related provisions include annotations for subsequent amendments: for example, clause 41 has an amendment note “cl 41: Am 2021 No 10, Sch 3.13.”
Clause 59 (cultivation consent exemptions) contains an amendment notation “cl 59: Am 2020 No 30, Sch 4.11[1] [2].”
Clause 69A was inserted more recently: “cl 69A: Ins 2024 (380), Sch 1.” This introduces an exemption from section 2.23 of the Act for State significant development and development applications lodged by or on behalf of public authorities (cl 69A(1)-(3)).
Clauses 70, 70A and 70B record multiple amendments and insertions: “cl 70: Am 2019 (72), Sch 1 [3]; 2019 (608), cl 3; 2021 (261), cl 3(1)-(4).” Clause 70A and 70B are noted as inserted in 2021 (cl 70A: Ins 2021 (261), cl 3(5); cl 70B: Ins 2021 (261), cl 3(5)). These clauses provide exemptions for council managers and a modification to the Local Government Act’s section 40 as applied to council managers.
Clause 71 contains a limited transitional exemption: it exempts non‑council managers from the operation of section 3.30 of the Act in respect of the annual report for the year ending 30 June 2018.
Clause 73 is a transitional provision inserted in 2019 (cl 73: Ins 2019 (72), Sch 1 [4]) dealing with security deposits for existing licences on transfer.
Schedule 1 (Fees) contains amendments and an editorial note stating “sch 1: Am 2018 (229), Sch 1 [4]-[9].” Part 2 of Schedule 1 implements indexed fee units and provides an editorial note listing fee unit amounts by financial year (2020-21 onward).
Schedule 4 is shown as repealed with note “sch 4: Rep 2018 (88), cl 2 (3).”
The Amendment history embedded in the Regulation identifies a pattern of iterative updates: additions of exemptions (notably 69A in 2024), amendments to the list of managers, fee unit and fee updates, and targeted transitional provisions. The source provides these amendment annotations but does not include legislative explanatory materials, second reading speeches or judicial interpretations; the amendments are recorded as provenance markers against specific clauses.
If a reader needs to track changes beyond the annotations in the Regulation, the annotations identify the amending instrument references (for example, year and schedule numbers) which are the statutory citations for the amending instruments, and those references can be used as the starting point for obtaining the amending instruments.
Litigation history
The Regulation text contains no reported litigation history, judicial decisions or references to court proceedings. The instrument itself does not name any case law nor summarise any judicial interpretation of its clauses. It provides statutory provisions, cross‑references to other Acts and procedural mechanics, but it does not record or summarise any litigation in relation to its operation.
Consequently, for legal advice or risk assessment that requires an understanding of how courts have interpreted particular provisions (for example, the scope of a manager’s discretion under cl 7(1) and cl 7(7), or the meaning of “reasonable excuse” in cl 9(2)), practitioners must look to external sources: judicial decisions under the Act or related statutory regimes, administrative review decisions, or legal commentary. The Regulation’s text alone does not provide precedential material.
Users should therefore treat the Regulation as a primary statutory source of obligations and discretions and undertake a separate search of judicial and tribunal decisions where interpretative clarity is required on contested points of law or where enforcement actions have been litigated.
Gotchas
The Regulation includes a number of specific features that can produce operational or compliance traps if overlooked. The following points are practical “gotchas” grounded in the Regulation text and likely to matter to managers, lessees, licensees and advisers.
Minister’s absolute discretion to terminate certain licences. Licences issued to unauthorised occupiers under section 5.26 of the Act are subject to an express clause stating that “The Minister may terminate the licence at the Minister’s absolute discretion” (cl 32(8)). That is a unilateral administrative power which can end occupation without statutory thresholds in the Regulation itself. Users should note the absence of prescribed procedural safeguards in cl 32(8).
Manager‑set fees can be disallowed by the Minister. While responsible managers may determine fees (cl 7(1)-(2)) and may even waive fees (cl 7(6)), the Minister can serve notice disallowing or varying any fee or charge and the Crown land manager must give effect to the Minister’s notice (cl 7(7)). Practically, this means fees set locally remain subject to central political/administrative override.
Publication and display detail matters. Fees and conditions of entry must be displayed at or adjacent to each entrance, or if reasonably impracticable then posted on a publicly accessible website and the public notice must indicate that (cl 7(4)-(5), cl 8(1)). Failure to comply with these display rules can undermine enforcement or expose managers to challenges.
Short‑term licences do not create landlord/tenant relationships and are limited to one year. Clause 31(2) expressly prescribes that short‑term licences do not create a landlord and tenant relationship and cl 31(3) prescribes a maximum term of one year (including options). This has contract and property consequences, including for rights and obligations commonly associated with tenancy laws.
Multiple and sometimes overlapping notification deadlines are short. Transfer, surrender, extension and conversion processes require specified notices to Ministers, Secretaries or mortgagees within defined timeframes, commonly 28 days (cl 33, cl 34, cl 56, cl 57, cl 41(2)). Missing those deadlines can have legal or transactional implications.
Rigid and technical rent formulas for Western Division leases. For rural Western lands holdings, annual rent depends on a multi‑tier calculation with scaling factors, k1-k12 per‑hectare amounts, cultivation, intensive agriculture and rehabilitation charges, and CPI‑linked scaling (cl 44-50). Practitioners must ensure the correct hectares and classification are applied (for example the difference between TC and PC in cl 46 and cl 46 definitions).
Insurance and operational conditions are mandatory for specified approved activities. For multiple activities on perpetual Western lands leases the leaseholder must ensure public liability insurance at specified levels (eg $10 million or $20 million per occurrence depending on activity) and other operational requirements such as notices to the Secretary for film making and motorsport rallies (cl 43 Table items 2,5,7,8,13,14). Failure to carry the required insurance may constitute a breach of the lease condition.
Exemptions are narrow and conditional. Clause 59 lists circumstances where cultivation consent is not required, but cl 59(2) makes clear those exemptions do not authorise cultivation in contravention of lease conditions, Ministerial directions, on sand dunes/sandhills or in State forest/timber/flora reserves under the Forestry Act 2012. A mistaken reliance on an exemption can expose the operator to regulatory breach.
Overlap with other legislation creates compliance complexity. Many clauses condition activity on compliance with other laws (for example EP&A Act, Forestry Act, Fisheries Management Act, Mining Act). These cross‑regulatory obligations require practitioners to check multiple regimes before proceeding with activities.
Fee unit indexing and rounding rules affect fee amounts. Fees after 2020-21 are stated in fee units with an annual CPI‑based indexation formula for fee unit amounts and rounding rules (Schedule 1 Part 2 Division 2 clauses 2-3). The practical consequence is that published fee lists may change yearly and must be checked; there is a specific rounding convention (0.5 cent rounds down in fee unit rounding; fee amounts rounded to nearest dollar, 50 cents rounds down).
Standard form trust instrument contains governance expectations that may not suit every institution. Schedule 3 prescribes a detailed trust instrument including meeting frequency (Part 12: meet 11 times per year), quorum and trustee resignation/removal processes. Institutions adopting the standard form should check compatibility with their governance needs and the Crown Land Management Act’s broader requirements.
The common theme is that numerous procedural, display, timing and cross‑statutory details in the Regulation can determine whether an activity is compliant. Practitioners should map obligations by clause to operational processes (notice posting, insurance certificates, rent calculation spreadsheets, record registers and audit trails).
How to comply
This section sets out practical, clause‑by‑clause steps and compliance checkpoints for managers, lessees, licence holders and trustees. The steps reflect the Regulation’s specific duties and the processes it prescribes.
For responsible managers of dedicated or reserved Crown land (Part 2 Div 1)
Public notices and signage. Ensure public notices are displayed at or adjacent to each entrance setting out times of public access, closures, restricted purposes and prohibitions (cl 5(1)). If entrance points are designated, display signage at the points (cl 8(2)). Retain photographic records of signage and the display locations.
Fee setting and publication. If charging fees, determine fee levels in accordance with contractual arrangements and publish them at each entrance (cl 7(1), (3)-(4)). If display at each entrance is not reasonably practicable, post fees on a publicly accessible website and ensure the erected public notice states the website location (cl 7(5)). Maintain a fee register and keep evidence of any waivers (cl 7(6)). Remember the Minister’s power to disallow or vary fees (cl 7(7)); keep procedures to respond to Ministerial notices.
Conditions of entry. Draft and display conditions of entry; ensure conditions are consistent with any plan of management and other legal obligations (cl 6(2), cl 8(1)). Train authorised persons and employees on enforcement procedures and on how to record incidents and reasonable excuse defences (cl 9(2)).
Enforcement steps. Record authorised persons’ appointments in writing, maintain timetables for shifts where authorised persons will enforce notices, and document any requests for persons to leave (cl 4(1), cl 9(1)(e)). Maintain incident logs to support later enforcement or defence.
For non‑council managers and statutory land managers (Divisions 1-2)
Annual reports and records. Prepare annual reports that include the specified items (financial statements, asset registers, heritage items, leases/licences and rent levels, insurance arrangements, workplace safety measures, details of employees and contractors) unless the Minister directs otherwise (cl 18(1)(a)-(o)). Keep records that permit dissection by land area if managing multiple holdings (cl 18(2), cl 19(3)-(4)).
Financial controls. For statutory land managers: deposit all receipts to an account in the manager’s name (cl 20(1)), require expenditure to be authorised at a duly convened meeting by a treasurer’s report (cl 20(2)), and keep cheque signing rules up to date (cl 20(3)). Ensure treasurer and secretary functions are appointed and their roles understood (cl 21(2)-(6)).
Meetings and governance. Convene board meetings in accordance with cl 22-25: at least four meetings a year (cl 22(1)), call special meetings on signed requests by at least two board members (cl 23). Keep timely minutes and attendance records.
For lessees, licence holders and prospective transferees
Application forms and fees. Lodge applications in the Minister‑approved form published on the Department website and include the prescribed fee or fee unit amount (cl 61(1)-(2), cl 62). Monitor Schedule 1 and the Department’s fee publications for fee unit updates (Schedule 1 Part 2 Div 2 cl 2-4).
Licence terms and payments. For licences to unauthorised occupiers, pay rent annually in advance unless the Minister agrees otherwise, maintain the land to Ministerial satisfaction and keep the indemnity to the Minister in place (cl 32(2)-(7)). Be aware that the Minister can terminate the licence at absolute discretion (cl 32(8)).
Transfer and mortgage notices. Where transfers occur, comply with notification obligations to the Minister/Secretary within 28 days and attach mortgagee consent where applicable (cl 33, cl 34, cl 41(2)-(3)). For lease extensions or conversions that affect mortgagees, serve notice on mortgagees within 28 days (cl 56-57).
Short‑term licences: observe the non‑creation of landlord/tenant relationship and maximum one‑year term (cl 31(2)-(3)) and ensure intended activities are among the prescribed short‑term purposes (cl 31(1)).
For Western Division leaseholders
Rent calculations. Implement the multi‑part rent calculation for rural holdings (cl 44) and base rent formula (cl 45). Identify hectares in the various bands A1-A7 and apply the k1-k12 per‑hectare amounts in cl 50. Calculate cultivation charge, intensive agriculture charge and rehabilitation rebate as required (cl 46-48). Apply the scaling factor “S” per cl 49 and update it annually in line with the CPI formula in cl 49(3)-(4).
Assessments and notices. Expect the Minister to cause rent assessments after 1 April each year for the upcoming financial year; ensure records as at 1 April support the assessment (cl 51(1)-(3)). Pay rent due on 1 July (cl 51(4)).
Cultivation consent exemptions. Review cl 59 carefully to see whether a proposed cultivation falls within an exemption, and if so whether any specified spatial restrictions apply (eg distance from watercourses). If in doubt the Minister may require an application for cultivation consent even where an exemption might otherwise apply (cl 59(3)).
For trustees of institutional private trust land (Schedule 3)
Adopting the standard form. If adopting Schedule 3 as the standard form trust instrument, ensure the trustees follow the procedures for adoption in cl 69(2)(a)-(c) (notice periods and provision of the proposed instrument). Meet the quorum and meeting frequency obligations in Part 12 of Schedule 3 (for example, quorum 50 percent, meet 11 times per year).
Records, audit and investment prudence. Keep accurate minutes, records and accounts, arrange audits as required, and apply prudent investment assessment processes under cl 4.3 and Part 7 of Schedule 3.
Administrative and cross‑cutting compliance
Fee unit and indexing monitoring. Monitor the Secretary’s annual notification of the fee unit (Schedule 1 Part 2 Div 2 cl 4). Apply rounding rules (Schedule 1 Part 2 Div 2 cl 2-3).
Insurance certificates and operational conditions. For activities where the Regulation prescribes insurance (cl 43 Table items), obtain and retain certificates of currency at the required levels and ensure other activity‑specific requirements are met (eg prior notice to the Secretary for film making or motorsport).
Records and disclosure. Maintain the records listed in cl 19 and be ready to disclose the items that the Secretary may supply to local councils under cl 66.
Practical implementation checklist (minimum)
Create a signage and public notice protocol with photographic audit trail (cl 5-8).
Maintain a fee schedule and website page with a change log plus evidence of any fee waivers and Ministerial disallowances (cl 7).
Implement a records register matching cl 19 categories and archive meeting minutes and treasurer reports (cl 18-21).
For Western Division holdings, maintain a land‑use mapping (hectares by band), cultivation records, and insurance documentation for approved activities (cl 43-50).
Maintain an applications calendar for statutory deadlines (28‑day notifications, annual rent assessment cycle) and subscribe to Department and Gazette notices for fee unit updates (cl 33-34, cl 51, Schedule 1 Part 2 cl 4).
Adhering to these concrete steps, cross‑referenced to the cited clauses, will place managers and holders in a position to meet the Regulation’s formal obligations and reduce the risk of administrative or enforcement action.