CROWN LAND MANAGEMENT ACT 2016 - As at 23 February 2024 - Act 58 of 2016
- As at 23 February 2024
- Act 58 of 2016
Table of Provisions
PART 1 - PRELIMINARY
Note
Division 1.1 - Introduction
- 1.1 Name of Act
- 1.2 Commencement
- 1.3 Objects of Act
- 1.4 Principles of Crown land management
Division 1.2 - Interpretation
- 1.5 General definitions
- 1.6 Divisions of State
Division 1.3 - Crown land
- 1.7 Definition of "Crown land"
- 1.8 When land is vested in Crown
- 1.9 When land ceases to be or is not Crown land
- 1.10 When land becomes Crown land because of this Act
- 1.11 Updating Crown land entries in Register
- 1.12 Relationship of Division with Real Property Act 1900
Division 1.4 - Application of Act
- 1.13 Relationship between Schedules 1-4 and Parts 5-7
- 1.14 Application of Act
- 1.15 Dealings with Crown land generally subject to Act
PART 2 - DEDICATED OR RESERVED CROWN LAND
Note
Division 2.1 - Introduction
- 2.1 Crown land to which Part applies
- 2.2 Exclusion of Crown land from Part
Division 2.2 - Dedicated Crown land
- 2.3 Minister may dedicate Crown land
- 2.4 Adding other Crown land to existing dedicated Crown land
- 2.5 Proposed dedication or addition must be tabled in Parliament
- 2.6 Existing dedicated or reserved Crown land can be dedicated
- 2.7 Revocation of dedication
Division 2.3 - Reserved Crown land
- 2.8 Minister may reserve Crown land
- 2.9 Adding other Crown land to existing reserved Crown land
- 2.10 Reserved Crown land can be reserved again
- 2.11 Revocation of reservation
Division 2.4 - Use of dedicated or reserved Crown land
- 2.12 Dedicated or reserved Crown land to be used for limited purposes
- 2.13 Use of dedicated or reserved Crown land with multiple purposes
- 2.14 Additional purposes for dedicated or reserved Crown land
- 2.15 Alteration of purpose for dedicated or reserved Crown land
- 2.16 Removal of purpose for dedicated or reserved Crown land
- 2.17 Effect of dedication or reservation for public use
Division 2.5 - Special powers of Minister
- 2.18 Special provisions relating to Minister's powers over dedicated or reserved Crown land
- 2.19 Secondary interests in dedicated or reserved Crown land
- 2.20 Short-term licences over dedicated or reserved Crown land
Division 2.6 - General
- 2.21 Division of assets, rights and liabilities when land added to different dedicated or reserved Crown land
- 2.22 Responsibility for public reserves
- 2.23 Minister taken to give consent for certain development applications over dedicated or reserved Crown land
- 2.24 Limits on compensation payable for compulsory acquisition of dedicated or reserved Crown land
- 2.25 Notice of challenges to validity of interests in dedicated or reserved Crown land
PART 3 - MANAGEMENT OF CROWN LAND
Note
Division 3.1 - Introduction
- 3.1 Responsibility for management of Crown land
- 3.2 Management of parts of Crown land
Division 3.2 - Appointment of Crown land managers for dedicated or reserved Crown land
- 3.3 Minister may appoint Crown land managers
- 3.4 Appointment term
- 3.5 Content of appointment instrument
- 3.6 Appointment cannot take effect unless notified in Gazette
- 3.7 Recording of Crown land manager in Register
- 3.8 Appointment instruments for managers appointed by Acts
- 3.9 Variation of appointment
- 3.10 Revocation of appointment
- 3.11 Change of name does not affect appointment
- 3.12 End of appointment
Division 3.3 - Functions of Crown land managers generally
Note
- 3.13 Functions of Crown land managers
- 3.14 Allocation of responsibilities between multiple Crown land managers
- 3.15 Crown land management rules
- 3.16 Application of proceeds of managed Crown land
- 3.17 Application of certain special provisions to Crown land managers
- 3.18 Delegation of functions with Ministerial approval
- 3.19 Reports and information on other matters
Division 3.4 - Crown land managed by councils
Note
Division 3.5 - Crown land managed by other managers
- 3.24 Application of Division
- 3.25 Categories of non-council managers
- 3.26 Exercise of functions by category 1 non-council managers
- 3.27 Exercise of functions by category 2 non-council managers
- 3.28 Minor changes to leases or licences do not require Ministerial consent
- 3.28A Acquisition of non-Crown land and certain interests in non-Crown land
- 3.29 Community advisory groups
- 3.30 Annual reports
- 3.31 Record keeping
Division 3.6 - Plans of management and other plans
- 3.32 Application of Division
- 3.33 Preparation of draft plan of management
- 3.34 Guidelines for draft plans of management
- 3.35 Community engagement on draft plan of management
- 3.36 Adoption of plan of management
- 3.37 Alteration or cancellation of plan
- 3.38 Land may be used for additional purposes approved in plan of management
- 3.39 Approvals of activities under Local Government Act 1993 must comply with plans of management
- 3.40 Publication of plans of management
- 3.41 Other plans
Division 3.7 - General
- 3.42 Effect of sale of dedicated or reserved Crown land by Crown land managers
- 3.43 Termination of certain leases and licences granted by Crown land managers
- 3.44 Preservation of certain leases and licences over land added to other dedicated or reserved Crown land
- 3.45 Inquiries and audits of affairs of Crown land managers
- 3.46 Compensation not generally payable for conduct of Crown land managers
PART 4 - ACQUISITION OF LAND AND VESTING OF CROWN LAND
Note
Division 4.1 - Acquisition of land generally
- 4.1 Power of Minister to accept gifts of land
- 4.2 Acquisition of land for public purpose
- 4.3 Surrender of land or lease
- 4.4 Certain land may be declared to be Crown land
Division 4.2 - Vesting of Crown land in local councils
Note
- 4.5 Interpretation
- 4.6 Vesting of transferable Crown land in local councils
- 4.7 Content of council vesting notices
- 4.8 Classification of vested land under Local Government Act 1993
- 4.9 Effect of vesting
- 4.10 Registrar-General to record certain information about vested land
Division 4.3 - Vesting of Crown land in other government agencies
- 4.11 Application of Division
- 4.12 Vesting of transferable Crown land in government agency
- 4.13 Content of government agency vesting notices
- 4.14 Effect of vesting
- 4.15 Registrar-General to record certain information about vested land
PART 5 - DEALINGS INVOLVING CROWN LAND AND OTHER RELATED LAND
Note
Division 5.1 - Introduction
- 5.1 Application of Part
- 5.2 Terms and conditions of holdings generally prevail over Act and regulations
Division 5.2 - Powers of Minister over Crown land
- 5.3 Powers of Minister generally
Division 5.3 - Community engagement strategies
- 5.4 Definitions
- 5.5 Minister to approve community engagement strategies
- 5.6 Content of community engagement strategies
- 5.7 Requirements concerning approval of community engagement strategies
- 5.8 Compliance with community engagement strategies
Division 5.4 - Sale of Crown land
- 5.9 Restrictions on sale or disposal of Crown land in Western Division
- 5.10 Sale of certain leased Crown land permitted
- 5.11 Conditions that may be included in contracts of sale and purchase applications
- 5.12 Imposition of conditions on sale of certain land
- 5.13 Restrictions on transfer of certain land
- 5.14 Effect of recording in Register
- 5.15 Securing payment from purchaser with mortgage
Division 5.5 - Leases over Crown land
Division 5.6 - Licences over Crown land
- 5.21 Licences generally
- 5.22 Certain dealings to be licences
- 5.23 Revocation of licences
- 5.24 Restrictions on transfer of licences
- 5.25 Licences for removal of minerals
- 5.26 Licences for unauthorised users or occupiers of Crown land
- 5.27 Revocation of licence benefiting other land that is sold or leased again
- 5.28 Sublicences
Division 5.7 - Special purpose holdings over Crown land
- 5.29 Definitions
- 5.30 Grant of special purpose holdings
- 5.31 Relationship between general purpose leases and special purpose holdings
- 5.32 Relationship between general purpose licences and special purpose holdings
Division 5.8 - Enclosure permits for Crown roads and watercourses
- 5.33 Definitions
- 5.34 Granting of enclosure permits for Crown roads or watercourses
- 5.35 Enclosure of additional Crown roads or watercourses
- 5.36 Unauthorised enclosure of Crown roads or watercourses
- 5.37 Transfer of land--enclosure permit
- 5.38 Subdivision of land within which Crown road or watercourse is enclosed
- 5.39 Cancellation of enclosure permit and removal of structures
- 5.40 Cancellation or variation of enclosure permit following certain events
- 5.41 Combined enclosure permits
- 5.42 Access to enclosed Crown roads and alteration of enclosure structures
- 5.43 Cultivation of enclosed Crown roads
- 5.44 Responsibility for dividing fences
- 5.45 Certain gates erected under this Division to be treated as public gates
Division 5.9 - Easements
- 5.46 Definitions
- 5.47 Grant of easements generally
- 5.48 Consent of holders generally required for creation or release of easement
- 5.49 When consent of holder not required for creation of easement over Crown land
- 5.50 Local councils to seek easements from Crown in certain cases
- 5.51 Creation of easements for public access
- 5.52 Rights of owners or lessees of land affected by public access easements
- 5.53 Release of easements benefiting Crown land
- 5.54 Method for granting or releasing easements under this Division
- 5.55 Recording of particulars of easement or release in Register
Division 5.10 - Restrictions and covenants
- 5.56 Imposition of restrictions and covenants on Crown land
- 5.57 Removal of restrictions or covenants on Crown land
Division 5.11 - Forestry rights and carbon related rights
- 5.58 Granting of forestry rights
- 5.59 Method for granting forestry rights and use restrictions and covenants
- 5.60 Other carbon related rights
Division 5.12 - General
- 5.61 Payment of royalties, security deposits, fees or other amounts for holdings
- 5.62 Use of land for filming projects
- 5.63 Crown land acquired by purchase or exchange provides fee simple
- 5.64 Removal of recordings in Register
PART 6 - RENTS FOR HOLDINGS
Note
Division 6.1 - Introduction
Division 6.2 - Payment of rent
- 6.2 Rent is generally payable for holding
- 6.3 Roles of Minister and Secretary
- 6.4 Annual rent cannot generally be less than minimum rent
Division 6.3 - Determination, redetermination and adjustment of rents
- 6.5 General principles for rent determinations or redeterminations
- 6.6 Rent increases
- 6.7 Redetermination of rent
- 6.8 Objections to rent redeterminations
PART 7 - ALTERATION, WITHDRAWAL AND FORFEITURE OF HOLDINGS
Note
Division 7.1 - Introduction
Division 7.2 - Alterations, revocations and exemptions concerning conditions and other restrictions
- 7.2 Application
- 7.3 Alteration or revocation of conditions and purposes
- 7.4 Exemption from condition compliance
- 7.5 Rent redetermination following alteration, revocation or exemption
- 7.6 Removal of conditions and other restrictions
- 7.7 Recording of directions
Division 7.3 - Withdrawal of land from holdings
- 7.8 Withdrawal of land from holding for public purposes
Division 7.4 - Forfeiture of holdings
- 7.9 Minister may forfeit holdings
- 7.10 Forfeiture takes effect when notice given
- 7.11 Effect of forfeiture
- 7.12 Reversal of forfeiture
- 7.13 Appeal to Land and Environment Court against forfeiture of perpetual leases
- 7.14 Removal of entries in Register about mortgaged leases
Division 7.5 - General
- 7.15 Forfeited, surrendered or vacant Crown land may be added to adjacent or adjoining holdings
- 7.16 Ownership of improvements when holding ends
PART 8 - NATIVE TITLE RIGHTS AND INTERESTS
Note
Division 8.1 - Introduction
Division 8.2 - Native title certificates
- 8.4 Issue of native title certificates
Division 8.3 - Management of relevant land
- 8.5 Application of Division
- 8.6 Employment or engagement of native title manager
- 8.7 When advice of native title manager required
- 8.8 Notice of native title managers to be given to Minister
- 8.9 Compulsory acquisition of native title rights and interests requires Ministerial consent
- 8.10 Division does not affect compliance with native title legislation
Division 8.4 - Compensation responsibilities
- 8.11 Application of Division
- 8.12 Compensation payable by person engaged in relevant conduct
- 8.13 Contributions and indemnification for compensation for relevant conduct
Division 8.5 - General
- 8.14 Regulations concerning administration
PART 9 - PROTECTION OF CROWN LAND
Note
Division 9.1 - Introduction
Division 9.2 - Improper use of Crown land
- 9.2 Unauthorised use of Crown land
- 9.3 Pollution or contamination involving Crown land
- 9.4 Authorised officers may give directions to stop structure or land use
- 9.5 Notices prohibiting structure or land use
- 9.6 Directions concerning vehicles on Crown land
Division 9.3 - Unauthorised structures and materials on Crown land
- 9.7 Definitions
- 9.8 Claims concerning authorisation for structure or material
- 9.9 Removal of unauthorised structures or materials
- 9.10 Minister's powers over removed structure, materials or contents
Division 9.4 - Removal of persons from Crown land
- 9.11 Removal of trespassers from Crown land
- 9.12 Removal by authorised persons
Division 9.5 - Remediation of damaged Crown land
- 9.13 Authorised officer may give remediation notice
- 9.14 Content of remediation notice
- 9.15 Minister may authorise certain other persons to carry out remediation work in non-compliance cases
- 9.16 Entry to land to carry out remediation work
Division 9.6 - Stop activity orders
- 9.17 Definitions
- 9.18 Secretary may issue order to stop unsafe activities
- 9.19 Secretary may issue order to stop unlawful activities
- 9.20 Content and duration of stop activity orders
Division 9.7 - General
- 9.21 Appeals to Land and Environment Court
- 9.22 Defence of lawful authority
- 9.23 How direction is given
- 9.24 Impounding of animals and articles
- 9.25 Regulations concerning care, control and management of Crown land
PART 10 - INVESTIGATION OF COMPLIANCE
Note
Division 10.1 - Introduction
- 10.1 Definition
- 10.2 When functions are exercised for a compliance purpose under Part
Division 10.2 - Compliance generally
- 10.3 Offence: contravention of requirement under Part
- 10.4 Offence: false or misleading conduct under Part
- 10.5 Offences: obstruction or impersonation of authorised officer
Division 10.3 - Authorised officers
- 10.6 Authorised officers
- 10.7 Exercise of functions by authorised officers
- 10.8 Identity cards
- 10.9 Arrangements with other government agencies
Division 10.4 - Powers to require information or records
- 10.10 Application of Division
- 10.11 Requirement to provide information and records to Minister
- 10.12 Requirement to provide information and records to authorised officer
- 10.13 Matters to be specified by notice
- 10.14 Provisions relating to records
Division 10.5 - Powers of entry and search of land and structures
- 10.15 Powers of authorised officers to enter land and structures
- 10.16 Entry into residential premises only with permission or warrant
- 10.17 Powers of authorised officers to do things on entry
- 10.18 Search warrants
- 10.19 Authorised officers may request assistance
- 10.20 Assistance to be given to authorised officers
- 10.21 Care to be taken
- 10.22 Compensation
Division 10.6 - Powers to question and identify persons
- 10.23 Power of authorised officers to require answers
- 10.24 Recording of evidence
- 10.25 Power of authorised officers to demand name and address
Division 10.7 - Power to seize vehicles
- 10.26 Seizure of vehicles for continuing vehicle offences
- 10.27 Forfeiture of vehicles by order of court
Division 10.8 - Functions in relation to seized things
- 10.28 Definitions
- 10.29 Receipt for seized things
- 10.30 Return of seized things
- 10.31 Certification of inability to return seized thing
- 10.32 Court order requiring delivery of seized thing
- 10.33 Forfeiture of seized thing
- 10.34 Dealing with forfeited things
Division 10.9 - General
- 10.35 Provisions relating to requirements to provide records, information or answer questions
- 10.36 Revocation or variation of notices
PART 11 - ENFORCEMENT
Note
Division 11.1 - Proceedings for offences
- 11.1 Nature of proceedings for offences
- 11.2 Time for commencement of proceedings for offences
- 11.3 Penalty notices
- 11.4 Legal proceedings do not affect, and unaffected by, other action under this Act
Division 11.2 - Liability for offences
- 11.5 Offences by corporations
- 11.6 Continuing offences
- 11.7 Maximum penalties for certain significant offences
- 11.8 Liability of responsible person for vehicle, stock or structure offences
Division 11.3 - Court orders in connection with offences
- 11.9 Operation of Division
- 11.10 Orders generally
- 11.11 Orders for restoration and prevention
- 11.12 Orders for costs, expenses and compensation at time offence proved
- 11.13 Recovery of costs, expenses and compensation after offence proved
- 11.14 Orders regarding costs and expenses of investigation
- 11.15 Orders regarding monetary benefits
- 11.16 Additional orders
- 11.17 Offence: refusal or failing to comply with order under Division
Division 11.4 - Civil proceedings to enforce undertakings
- 11.18 Minister may accept certain undertakings
- 11.19 Enforcement of undertaking
Division 11.5 - Evidentiary provisions
- 11.20 Documentary evidence generally
- 11.21 Certificate evidence of certain matters
PART 12 - ADMINISTRATION
Note
Division 12.1 - Administration generally
- 12.1 Responsibility of Minister
- 12.2 Crown land commissioner
- 12.3 Delegation of functions by Minister, Ministerial Corporation, Secretary or Crown land commissioner
- 12.4 Administration arrangements with other public authorities
Division 12.2 - Ministerial Corporation
- 12.5 Constitution of Lands Administration Ministerial Corporation
- 12.6 Functions of Ministerial Corporation
Division 12.3 - Finance
- 12.7 Payments due under Act
- 12.8 Fees for services
- 12.9 GST may be added to certain amounts
- 12.10 General provisions applicable to CPI adjustment
- 12.11 Recovery of money
- 12.12 Interest on arrears
- 12.13 Holding cannot be transferred if in arrears
- 12.14 Forfeiture or end of holding or permit does not extinguish debts
- 12.15 Waiver, reduction, remission, postponement or rebate of certain amounts
- 12.16 Alteration of due dates for payments
Division 12.4 - State strategic plan for Crown land
- 12.17 Purpose and term of State strategic plan for Crown land
- 12.18 Preparation of draft State strategic plan for Crown land
- 12.19 Contents of draft State strategic plan for Crown land
- 12.20 Community engagement on draft State strategic plan for Crown land
- 12.21 Submission of draft State strategic plan for Crown land for approval
- 12.22 Approval of draft State strategic plan for Crown land
- 12.23 Publication of State strategic plan for Crown land
- 12.24 Amendment, replacement or revocation of State strategic plans for Crown land
- 12.25 Periodic review of State strategic plans for Crown land
Division 12.5 - Crown Reserves Improvement Fund
- 12.26 Definitions
- 12.27 Establishment and administration of Crown Reserves Improvement Fund
- 12.28 Payments into Crown Reserves Improvement Fund
- 12.29 Payments from Crown Reserves Improvement Fund
- 12.30 Investment of money in Crown Reserves Improvement Fund
- 12.31 Insurance premiums
Division 12.6 - Notices and other documents
- 12.32 Service of documents
- 12.33 When notices and other documents take effect
- 12.34 Ministerial notices published in the Gazette may be combined
Division 12.7 - General
- 12.35 Evidence of land being measured
- 12.36 Effect of creation of folio in Register for certain matters
- 12.37 Personal liability in connection with administration of Act
- 12.38 Compensation not payable
PART 13 - MISCELLANEOUS
Note