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| Transferring an Agreement on Crown LandBackground
Transferring a Lease
Transferring a Licence
Transfer Fees
Duty Requirements
What is a Transferor and a Transferee
How to Complete a Transfer Form
Crown Land Services Requirements
Procedure for Deceased Estates
Further Information
The use and occupation of Crown land are governed by the Crown Lands Act 1976. The use and occupation of land reserved under the Nature Conservation Act 2002 is governed by the National Parks and Reserves Management Act 2002.
Three different forms of agreement may be issued over Crown land. They are:- Leases issued under section 29.
- Temporary licences issued under section 42 – to occupy Crown land.
- Licences issued under section 40 – licensing non-exclusive use (but not occupation) of Crown land.
Generally, only one form of agreement under sections 29 or 42 exists on a single piece of Crown land at any one time. Licences issued under section 40 are not transferable and a new application must be made by the party wishing to take over tenure of the particular parcel of Crown land.
In the event of the owner wishing to sell their right to occupy or use Crown land, it is necessary to transfer the lease or licence to the purchaser (new owner) of the improvements.
Under the Crown Lands Act 1976 the process for transferring leases and licences are different.
The transfer of a lease under section 29 of the Crown Lands Act 1976 or under section 49 of the National Parks and Reserves Management Act 2002 requires the prior written approval of the Minister or their delegate. This approval must be obtained prior to the lessee selling any aspect of the leasehold property. This includes any structure, building or other improvement or business, which operates from the leasehold land. This requirement also applies to the transfer of a lease by the estate of a deceased lessee.
A lessee wishing to transfer an interest in a lease must first write to the Department of Primary Industries, Parks, Water and Environment at GPO Box 44 Hobart, Tasmania 7001 to seek written approval for the transfer. Once this request has been received the application will be assessed, taking into account the applicable management objectives for the land outlined in Schedule 4 of the Crown Lands Act 1976 or in Schedule 1 of the National Parks and Reserves Management Act 2002. The assessment process may take up to three weeks and the transfer may be refused or approval may be given and new terms or conditions applied at the Minister’s absolute discretion.
The transfer form itself does not transfer the rights and interests under the lease as this is done via a Deed of Assignment of Lease. If the Minister approves the transfer of lease, the parties will be required to execute a Deed of Assignment of Lease jointly with the Minister, pay duty on the consideration in the transfer (if applicable) and pay to the Department the transfer fee.
The Department will usually arrange for the Deed of Assignment of Lease to be prepared, at the cost of the requesting party. Alternatively the Deed of Assignment of lease may be prepared by the solicitor acting for one of the parties to the transaction, however the Deed is subject to approval of the Minister.
This is a Portable Document Format (PDF) file and requires the use of Adobe Acrobat Reader. The Reader is easy to download and is free of charge.
The Crown Lands Act 1976 only provides for the transfer of temporary Licences that have been issued under section 42 of the Act. Licences issued under section 40 of the Act cannot be transferred and a new application must be made by the party wishing to take over tenure of the particular parcel of Crown land.
The Transfer Form must be accompanied with the relevant transfer fee.
This is a Portable Document Format (PDF) file and requires the use of Adobe Acrobat Reader. The Reader is easy to download and is free of charge.
The Transfer Form should be accompanied with payment of the Transfer Fee. A transfer will not be processed until all relevant information is provided and fees paid ie. duty (if applicable) and Transfer Fee.
Transfer Fees payable are: $79.80 - where consideration is $60,000 or less
$159.60 - where consideration is above $60,000 Please note that Crown Land Services will not process transfer applications whilst rental payable under the licence is outstanding.
Following Ministerial approval, the transfer form must be completed and submitted to the State Revenue Office for an assessment of Duty (formerly Stamp Duty) payable, prior to it being forwarded to Crown Land Services.
The original lease (or a copy thereof) must be attached to the transfer form. The State Revenue office will not accept or process a transfer form without the original lease.
The State Revenue Office will receipt the duty payment on the form once its is paid. The State Revenue Office is located at:Office Location:
Ground Floor
80 Elizabeth Street
HOBART 7000 Postal Address:
GPO Box 1374
HOBART 7001 Telephone: (03) 6233 3722
Facsimile: (03) 6234 3357
Website: www.treasury.tas.gov.au
Please make all cheques for duty payable to the 'Commissioner of State Revenue'.
* Please note that the State Revenue Office must assess the transfer form within two months of the Transferor/s signing the form. (Will be subject to penalty if not lodged within that time.)
A person or organisation that holds an agreement over Crown land (for example a licensee that owns a boatshed) becomes a transferor if disposing of the site. A person or organisation that is taking over the site is the transferee.
Please record the following detail on the form: - Transferor, please refer to your last Rental Account from Crown Land Services and record the file reference that appears on that Account.
- Transferor, please refer to your last rates notice from your local Council and record the Property Identification Number (PID) that appears on the rate demand.
- Please provide the full names and addresses of all transferors.
- Please provide the full names and addresses of all transferees.
- Transfers made in the name of a business or company must include the registered name, ACN number and / or the ABN number and the registered address of the business or company.
Once the transfer form has been assessed for duty, it can be lodged with the transfer fee at any Service Tasmania Shop or forwarded to:
Crown Land Services
Department of Primary Industries, Parks, Water and Environment
GPO Box 44
HOBART TAS 7001
Please make the cheque for the transfer fee payable to the 'Department of Primary Industries, Parks, Water and Environment'.
The Department, upon receipt of the transfer form and transfer fee, will process the application and prepare the Deed of Assignment of Lease.
If you are transferring a licence to the Executor/s only then it is not necessary to complete a transfer form. However, legal documentation will be required for sighting within the Crown Land Services Branch before the licence document can be transferred to the Executor/s. The transfer fee in this case is Nil.
If you are transferring a licence from the Executor/s to the Beneficiary/s then a transfer form will need to be completed from the Executor/s to the Beneficiary/s. The Transfer Fee in this case is $5.00. It is suggested that you consult with your Solicitor, Trustee Company or Public Trustee acting for the Estate to assist you in obtaining the legal documentation required by Crown Land Services Branch for 1. and 2. above. The documentation required is either one of the following: Probate, Letters of Administration or Certificate of Election.
If you are transferring a licence from the Beneficiary/s to another party then a transfer form will need to be completed. The Transfer Fee in this case would be the normal fee as detailed under the earlier section called Transfer Fees. Occasionally steps 2 and 4 above are lodged together. In this case, two transfer forms are required. This situation is where you are transferring from the Executor/s to Beneficiary/s and then on to another party. The Transfer fee in this case would be: $84.80 - where the consideration is $60,000 or less
$164.60 - where the consideration is above $60,000.
Please also refer to the information about Stamp Duties contained within the section Duty Requirements. The Transfer fees for a lease and a sale contract held by a deceased estate are the same for a licence but the estate must seek prior written approval from the Department before proceeding with a transfer.
To make an appointment or ask a question email CrownLandServices.Enquiries@dpipwe.tas.gov.au OR leave a message on phone number 03 6233 6413. You will be contacted the next business day.
Contact: Crown Land ServicesCrown Land Services Branch
GPO Box 44
Hobart TAS 7001
Phone: 03 6233 6413
Fax: 03 6233 6655
Email: CrownLandServices.Enquiries@dpipwe.tas.gov.au
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