Crown land

The following Acts impact the administration of Crown land:

  • Crown Lands Act 1989
  • Crown Lands (Continued Tenures) Act 1989
  • Forestry Act 1916
  • Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997
  • Hay Irrigation Act 1902
  • Wentworth Irrigation Act 1890
  • Western Lands Act 1901

The Crown Lands Act 1989 repealed certain Crown land and allied Acts that dealt with the administration of various types of tenure (also known as holdings). These tenures for the greater part were to facilitate the settlement and layout of urban and rural lands and each was subject to its own set of terms, restrictions and conditions. The Crown Lands Act 1989 places more emphasis on land management, reduces the types of tenure and streamlines the administrative and conveyancing procedures for dealing with Crown land.  The terms, restrictions and conditions set out in the repealed Acts have been replaced with current equivalent legislation.

The Crown Lands (Continued Tenures) Act 1989 provides for the continuation and administration of tenures created under the repealed provisions of the Crown Lands Consolidation Act 1913, the various Closer Settlement Acts, the Prickly-pear Act 1924, the Returned Soldiers Settlement Act 1916, and certain other Acts. The restrictions on dealings and subdivision set out in the repealed Acts have been replaced with the appropriate parts of Schedule 3 (dealings) and Schedule 4 (subdivision) of the Crown Lands (Continued Tenures) Act 1989.

The Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 removes the requirement for Minister's consent to transfer or other dealings affecting a completed purchase or Incomplete Purchase tenure.

The Hay Irrigation Act 1902 and Wentworth Irrigation Act 1890 provide for the continuation and administration of tenures within Irrigation Areas. The particular requirements for land and water management within these areas are contained within the Acts.

The Western Lands Act 1901 provides for the continuation and administration of land in the Western Division of the State. Term and Perpetual Leases are granted with particular requirements for land management contained within the Act.

Crown land, for LPI purposes, consists of those titles that:

  • have a notification referring to restrictions on dealings or
  • are issued for a tenure in respect of which conditions, purchase and other moneys, payment of annual rent and other dues, forfeiture provisions, subdivision restrictions, and/or dealing restrictions may still apply.

Crown land tenures recorded in LPI consist of Torrens titles issued for:

  • Incomplete Purchases
  • Completed purchases
  • Perpetual Leases, including Special Leases (SpL) in perpetuity
  • Term Leases, including Special Leases (SpL) for a term of years and
  • Crown land Real Property Act leases.

Crown land tenures recorded in and administered by the relevant - Crown Lands division consist of:

  • licences
  • enclosure permits: i.e. road enclosures (formerly known as road permits), and watercourse enclosures
  • Commonwealth leases and
  • permissive occupancies.

The tenures and provisions under the repealed Acts remain on the folio of the Register and are updated in terms of the Crown Lands Acts of 1989 when a dealing affecting the tenure identity or Crown land restrictions and/or provisions is registered.

Tenures created under the Crown Lands (Continued Tenures) Act 1989 or updated tenures will be identified by one of four types of tenure. The Land NSW account number, and in some cases the former tenure type, will be included after the tenure type.  Reference to the land district is not included.  For example:

PI 123456 (Incomplete Purchase, formerly a Conditional Purchase)

LP 123457 (Perpetual Lease)

LT 123458 (Term Lease)

LS 123456 (Special Lease).

Completed purchase

When purchase and other moneys are paid in full and the conditions attached to a Crown land tenure Incomplete Purchase are satisfied, the relevant notifications are removed from the title by an Action Affecting a Crown Holding form 19MA. The tenure identity remains on the title where restrictions other than restrictions on dealings apply. Restrictions on dealings no longer apply.

Incomplete purchase

A Crown land tenure Incomplete Purchase is granted following the purchase of a Crown land tenure Lease. An estate in fee simple folio of the Register is created and a certificate of title is issued.

The registered proprietor is shown in the First Schedule and notifications referring to the following are recorded in the Second Schedule:

  • tenure identity
  • purchase and other moneys payable
  • forfeiture provisions and
  • subdivision restrictions.

The title may also have restrictions other than restrictions on dealings. Restrictions on dealings no longer apply.

Incomplete Purchase tenures are listed in Part 1 Schedule 1 Crown Lands (Continued Tenures) Act 1989. Also see Part 1 Schedule 2 Crown Lands (Continued Tenures) Act 1989 for provisions etc.

Other types of Crown land

A folio of the Register may be created for Crown land that is used for a purpose other than leasing or purchase, eg:

  • under the provisions of the Roads Act 1993
  • to be granted to the NSW/Local Aboriginal Land Council or
  • dedicated or reserved for a specific purpose.

The land is not held under a tenure. An estate in fee simple folio of the Register is normally created with the name of the concerned party shown in the First Schedule. Restrictions, provisions etc may be recorded in the Second Schedule. A certificate of title is issued if requested.

Perpetual lease

A perpetual leasehold estate folio of the Register is created for a Crown land tenure Perpetual Lease and a certificate of title is issued. The registered proprietor of the lease is shown in the First Schedule and notifications referring to the following are recorded in the Second Schedule:

  • tenure identity
  • payment of annual rent and other dues
  • forfeiture provisions and
  • restrictions on subdivision, except for a Western Lands Lease (WLL).

The title may also have restrictions on dealings.

Perpetual Lease tenures are listed in Part 2 Schedule 1 Crown Lands (Continued Tenures) Act 1989. Also see Part 2 Schedule 2 Crown Lands (Continued Tenures) Act 1989 for provisions etc. For a Special Lease (SpL or LS) in perpetuity, see Part 5 Schedule 2 Crown Lands (Continued Tenures) Act 1989. For a Western Lands Lease (WLL) in perpetuity, see Western Lands Act 1901.

Term leases

Crown land Tenure Term lease

Prior to the introduction of the Crown Lands Acts of 1989, a lease for a fixed term administered by Crown Lands was registered as a Crown land tenure Term Lease. An estate in fee simple folio of the Register is created and a certificate of title is not issued.  'The State Of New South Wales' is shown in the First Schedule and notifications referring to the following are recorded in the Second Schedule:

  • the lease tenure identity
  • the full name and tenancy of the lessee
  • the date of expiry
  • payment of annual rent and other dues
  • forfeiture provisions and
  • restrictions on subdivision, except for a Western Lands Lease (WLL).

The lease may also have restrictions on dealings.

Term Lease tenures are listed in Part 3 Schedule 1 Crown Lands (Continued Tenures) Act 1989. Also see Part 3 Schedule 2 Crown Lands (Continued Tenures) Act 1989 for provisions etc. For a Special Lease (SpL or LS) for a term, see Part 5 Schedule 2 Crown Lands (Continued Tenures) Act 1989. For a Western Lands Lease (WLL) for a term, see Western Lands Act 1901.

A Crown land tenure Term Lease must not be removed following expiry without direction from Crown Lands. A Request form 11R must be lodged to remove the lease. Refer to SD31.

Crown land Real Property Act lease

Following the introduction of the Crown Lands Acts of 1989, and under the Hay Irrigation Act 1902 and the Wentworth Irrigation Act 1890, a Crown land tenure Term Lease, except for a Western Lands Lease (WLL), that is granted is now lodged as a Real Property Act lease on a Lease from 07L in the usual manner. For the purpose of this manual these leases are referred to as Crown land Real Property Act leases and include a lease where the lessor is:

  • 'The State of New South Wales'
  • the 'Lands Administration Ministerial Corporation' or
  • the 'Water Administration Ministerial Corporation'.

The lease will contain restrictions on dealings and other provisions recorded separately in the Second Schedule of the title.

The lease may be sub-leased, removed on expiry, determined, transferred, mortgaged or varied as for a Real Property Act lease depending on the restrictions on dealings and examination requirements that may apply.

Where the proprietor of a Crown land Real Property Act lease acquires the land from the State of New South Wales, a Surrender of Lease form 07DL or a Request form 11R by Crown Lands must be lodged to remove the lease before the transfer can be registered.

Crown land Tenures

The following table lists the tenures administered under the Crown Lands (Continued Tenures) Act 1989 and the common abbreviated form of the name.

AAP After Auction Purchase IP Incomplete Purchase SHP Suburban Holding Purchase
AP Auction Purchase IFL Irrigation Farm Lease SpL Special Lease
ATP After Tender Purchase IFP Irrigation Farm Purchase LS Special Lease
CL Conditional Lease NIL Non-irrigable Lease TP Tender Purchase
CP Conditional Purchase NIP Non-irrigable Purchase TLL Town Land Lease
CPL Conditional Purchase Lease PPL Prickly-pear Lease TLLP Town Lands Lease
CSL Closer Settlement Lease RSSH Returned Soldiers Special Holding (lease) TLLP Town Lands Lease Purchase
CnL Crown-lease RSSHP Returned Soldiers Special Holding Purchase TLP Town Land Purchase
GPL Group Purchase Lease SL Settlement Lease WEL Week-end Lease
HF Homestead Grant (lease) SP Settlement Purchase WELP Week-end Lease Purchase
HF Homestead Farm (lease) SPL Settlement Purchase Lease WLL Western Lands Lease
HS Homestead Selection (lease) SGP Soldiers Group Purchase
HS Homestead Grant (lease) SH Suburban Holding (lease)

Forfeiture of a Tenure

A tenure may be forfeited where purchase and other moneys or annual rent and other dues have not been paid and/or the conditions attached to the tenure have not been complied with. The land forfeited becomes Crown land.

The forfeiture is effected by an Action Affecting Crown Holding form 19MA, or a Request form 11R. The certificate of title is not required. A NOS form is required.

A forfeiture of a tenure may be reversed. This is effected by an Action Affecting Crown Holding form 19MA. A NOS form is required.