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

Description

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 Agency will consider:

  • 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
  • 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

Fees Details for this service in table format.

Task Type Business Structure Description
Apply Application Sole Trader, Partnership, Company, Trust, Co-operative, Incorporated Association, Other

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

Forms

Task 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

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Crown Lands Reserve Enquiries, NSW Crown Lands Division

Mailing address: PO BOX 2185
Dangar, New South Wales 2309
Phone: 1300 886 235
Phone: 02 6883 3385
Email: cl.reserves@crownland.nsw.gov.au