Approval to Conduct a Commercial Business on a Crown Reserve - New South Wales

Service summary

You will require approval if you intend to conduct commercial business on a Crown reserve (for example, establish a restaurant or kiosk).

A Crown reserve is land set aside on behalf of the community for a range of public purposes including environmental and heritage protection, recreation and sport, open space, community halls and special events. Many popular recreation areas are Crown reserves (for example, Hyde Park and Bondi Beach in Sydney).

Crown reserves are managed by Crown reserve trusts, and any licence or lease (other than temporary) will be made in partnership with a trust. When the licence or lease has been drafted, the trust will then contact the Agency for approval. It is also important to contact the Agency when first considering leasing or licensing of reserves, particularly if the reserve has not been used for the proposed purpose before.

Please be aware that not all types of businesses will be appropriate for certain Crown reserves. Your application will go through a process to determine if your activities comply with the public purpose of reserved land by protecting the public's right to use the land.

Types of approvals include:

  • Lease: when you require exclusive use of the whole or part of the reserve or a building because of the type of business or activity you will be conducting. You may require a lease if you have invested money to improve a facility (for example, a sporting club).
  • Licence: when you do not need exclusive use of any part of the reserve, a licence is more appropriate than a lease. For example the use of a showground by a show society on specific days of the year.
  • Temporary Licence: for short-term (up to one year) and generally low impact activities on the reserve. For example, for grazing, advertising or markets. Please be aware that a temporary licence does not require the consent of the Agency, the power to permit a temporary licence lies with the trust.

Please consult the Contact Officer for more information.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To be eligible for a licence or lease (excluding temporary licences) the following will be considered by the Agency:

  • Whether the proposed lease or licence is in the public interest;
  • Whether the purpose of the proposed lease or licence is compatible with the purpose of the reserve;
  • The environmental impacts of the activities permitted by the lease or licence;
  • The proposed term of the lease or licence;
  • Whether the proposed lease or licence was, or is proposed to be, selected by public competition or, if not, the circumstances relating to the selection of the proposed lessee or licensee;
  • Whether the proposed rent represents a proper return to the public for use of the public land;
  • Whether the proposed lease or licence will contain provisions for the periodic updating or review of the rent; and
  • Whether the proposed lease or licence contains clauses relating to the termination of the lease or licence, the indemnification of the reserve trust, the Crown and the NSW Government against claims for compensation, and appropriate insurance provisions.

A trust does not need approval to grant a temporary licence but it should apply similar consideration (as may be appropriate) to the above in deciding whether or not to grant such a licence.

Please consult the Contact Officer for more information regarding eligibility requirements.

Fees

 TypeDescription
ApplyApplication

Please consult the Contact Officer for information on fees to be submitted.

Forms

 Resources
Apply

Approval to Conduct a Commercial Business on a Crown Reserve - Please consult the Contact Officer for information on forms to be submitted.

Administering agency

Department of Industry
NSW Department of Primary Industries
Land and Natural Resources

Act(s) name

Crown Lands Act 1989 (New South Wales)

Regulation(s) name

Crown Lands Regulation 2006 (New South Wales)

Contact details

Crown Lands Reserve Enquiries, NSW Crown Lands Division
Department of Industry
NSW Department of Primary Industries
Land and Natural Resources


Mailing address:
PO BOX 2185
Dangar, New South Wales 2309

Phone:

02 6883 3385

Phone:

1300 886 235
cl.reserves@crownland.nsw.gov.au

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.