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| | Purchasing, Leasing or Licensing Crown Land in Tasmania - Application Information |
Crown Lands Act 1976 National Parks and Reserves Management Act 2002 |
General Information
Which is most appropriate - lease, licence or purchase?
How much does it cost to apply to use Crown Land
How to complete an Application Form
Payment details
New application form
New application information sheet
General Information
Applications requesting use of Crown land may be submitted to the Crown Land Services Branch within the Tasmanian Department of Primary Industries, Parks, Water and Environment (see address details below).
All applications to use Crown land are assessed on the individual merits of the application, on the management objectives for the land as outlined in the legislation and on the basis of a public benefit test. Factors that will be taken into account in assessing the application will be:
| 1. | What allocation, if any, has the area been given by the Crown Land Assessment and Classification Project? |
| 2. | What public benefit does the proposal have – economic, social, environmental? |
| 3. | Is public access to the area or public use of the area affected? Is it enhanced or made worse? |
| 4. | Are there any impacts on the natural values of the area? Are the values likely to be enhanced or made worse? |
| 5. | Are there any impacts on the heritage values of the area? Are the values likely to be enhanced or made worse? |
| 6. | Are there any planning issues, such as zoning issues or impact on scenic values? |
| 7. | Does the proposal have environmental impacts - eg. water, soil, air pollution? |
| 8. | Are the land and/or the proposed development likely to be affected by sea-level rise? |
| 9. | Is the proposal for a minor or major development? |
| 10. | Is the development of a temporary or longer-term nature? |
| 11. | Are there any implications for the Crown’s risk exposure in terms of liability? |
Which is most appropriate - lease, licence or purchase?
Where possible leases are issued in preference to licences. Licences are only approved in limited circumstances, mainly involving non-exclusive rights and access. During the application assessment process the Department will determine whether a lease or licence is the most appropriate form of agreement.
Application to lease
A lease is a contract whereby one party (the lessor) confers upon another party (the lessee), the right to exclusive possession of Crown land for a fixed term and for which the lessor receives a rent. All applications to lease require approval from the Minister or their delegate prior to any occupation of use of Crown land.
The Department will assess applications according to the management objectives for the particular parcel of Crown land as outlined in the legislation. The public benefit of the application is also assessed. These findings are conveyed to the Minister or their delegate.
If approval is given and a lease is issued, the Crown land can only be used for the permitted use stated in the lease agreement. A lessee must apply to Crown Land Services for any intended development or any change in the permitted use, prior to any works being undertaken. The Crown still owns the land and will determine the issue of lease renewal at the expiration of the lease term and if the lease is transferred to another party.
A lease does not confer a right to or interest in any minerals or mining products, in any timber or forest products upon the Crown land. Easements and other rights to the lessee can also be granted with lease.
Application to license
Licences do not provide for exclusive possession of Crown land. A licence could be issued for such purposes as access or for temporary short term use.
All applications to license Crown land require approval from the Minister or her delegate prior to any occupation or use of Crown land. The Department will assess applications according to the management objectives for the particular parcel of Crown land as outlined in the legislation. The public benefit of the application is also assessed.
If a licence is issued, the Crown land can only be used for the permitted use stated in the licence agreement. The Crown still owns the land and may decide not to renew the licence upon expiry. Non-renewal may occur where the land is required for a public purpose or where the terms and conditions contained in the licence agreement have been breached, or where the use is no longer appropriate.
Application to purchase
Buying a parcel of Crown land means that you will have freehold title of the land. Coastal land or land adjoining inland waters will generally not be available for sale. Except for reserved roads and properties not suitable for sale on the open market, applications to purchase Crown land are generally not being accepted. See Crown Land - Frequently Asked Questions
It is Government policy to dispose of surplus areas of Crown land by public auction. In some circumstances it may be necessary to dispose of Crown land by private treaty or tender (such as if the lot size was found to be sub-minimal under the Local Government (Building and Miscellaneous Provisions) Act 1993 and could only be adhered to an adjoining property/title).
In relation to reserved road applications, if the Department’s investigation process reveals that a reserved road can be sold, it will normally be sold to an adjoining landowner through a private treaty sale and the reserved road is then adhered to the freehold certificate of title.
For land not sold by public auction, the Director-General of Lands is required to recommend a purchase price having regard to market values.
How much does it cost to apply to use Crown Land?
Application fees payable are:
| Lease | $903 |
| Licence (access only) | $223 |
| Purchase (adhesion) | $680 |
| Purchase (road reserve) | $446 |
or by visiting the LIST website: www.thelist.tas.gov.au. This website can generally be accessed through regional Online Access centres where you can get assistance if required. Attach relevant site photos that will assist the assessment process (otpional). | Instr. No.1 Guide for Major Development Impact Assessments (PDF: 54 KB / 6 pages) |
, where payment can be made by cash, cheque, EFTPOS or credit card, orApplication Form
To apply to purchase, lease or licence Crown land located in Tasmania
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. Application to Purchase, Lease or Licence
(PDF: 102 KB / 8 pages)
Further Information
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 BranchGPO Box 44 Hobart TAS 7001 Phone: 03 6233 6413 Fax: 03 6233 6655 Email: CrownLandServices.Enquiries@dpipwe.tas.gov.au |  |
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 |  Tasmania Online | Service Tasmania This page - http://www.dpipwe.tas.gov.au/inter.nsf/WebPages/SSKA-53Z98L?open - was last published on 5 October 2009 by the Department of Primary Industries, Parks, Water and Environment. Questions concerning its content can be sent to Michelle Hook by using the feedback form, by mail to GPO Box 44, Hobart, Tasmania, Australia 7001, or by telephone to 03 6233 6102. Please read our disclaimer and copyright statements governing the information we provide on this site. A text version of this page is also available. | |
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