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Home > Property, Titles & Maps > Crown Land > CLS Purchasing, Leasing or Licensing Crown Land

Purchasing, Leasing or Licensing Crown Land in Tasmania - Application Information

Crown land in Tasmania is managed by various Government agencies. The information below relates solely to Crown land managed under the Crown Lands Act 1976 by Crown Land Services.

Crown land in conservation areas is managed by the Parks & Wildlife Service. A check of the Lands Titles Office or TheList may assist in identifying who manages a piece of Crown land.

General Information
Which is most appropriate - lease, licence or purchase?
Application Fees
Evidence to accompany applications
Payment details

General Information

All Crown land forms are available at Application Forms

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 are:

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?

Applicants are responsible for all costs associated with the application, which may include searches, surveys, maps, environmental impact assessments and valuation, as well as the cost of preparation of any contract documentation (as charged by the Crown Solicitor).

Applicants should note that public liability insurance is mandatory for all occupation/use of Crown land.

Guide sheet marine structures - private
(PDF: 275 KB)

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.

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 purposes like access or for temporary short term use. A licence is generally issued for 1 year.

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.

Applications to purchase Crown land can be lodged for reserved roads and properties not suitable for sale on the open market. Coastal land or land adjoining inland waters is generally not available for sale.

Examples of Crown land that could be sold by private treaty following a successful application are:

a parcel where the lot size was found to be sub-minimal under the Local Government (Building and Miscellaneous Provisions) Act 1993 and could be adhere to an adjoining property/title; or
a length or reserved road that is not required and could be adhered to an adjoining property/title.

It is Government policy to dispose of suitable stand alone lots of Crown land on the open market, through a public process ie auction. View a list of properties currently available for purchase.

Sale Price

All Crown land is sold at market value as determined by the Director-General of Lands on the advice of the Valuer-General. If you apply to purchase Crown land and it is sold to you by private treaty, you will also be responsible for all the costs associated with preparing the property for sale. These costs can vary considerably depending on the complexity of the sale and often the sale costs for small parcels of Crown land are more than the actual value of the Crown land being purchased. Costs include:

valuation of the property
legal fees
survey fees
stamp duty
title registration fees.

Guidesheet about Sale of Crown land
(PDF: 146 KB / 4 pages)

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.

See also

Crown Land - Frequently Asked Questions

Land Titles Office Fees from 1 July 2012

State Revenue Office

Application fees

Application fees applicable from 1 July 2012:

New lease
$924.00
New licence (access only)
$231.00
New licence (general occupation)
$574.00
Purchase (minor adhesion or reserved road)
$468.00
Purchase (all other sales)
$712.80
Renewal of expired lease
$230.40
Renewal of expired licence
$230.40
Transfer (or reassign) a lease and transfer a licence
- if the consideration is $60,000 or less
- if the consideration is more than $60,001
.
$86.40
$172.80
New business licence
$151.20
Transfer a business licence
$151.20
Renew a business licence
$100.80

Evidence to accompany application forms

Each application requires different evidence to be submitted with the form. Details of the evidence required is contained in:

CLS Evidence Guide
(Microsoft Word: 4.97 MB / 4 pages)

During the assessment process, Crown Land Services will be contacting adjoining landowners and it is suggested that you also consult with them.

Payment Details:

Once the application form has been completed, it can be lodged with the application fee:

at any Service Tasmania Shop, where payment can be made by cash, cheque, EFTPOS or credit card, or

the application form with a cheque can be forwarded to:

Make cheques payable to Department of Primary Industries, Parks, Water and Environment.

The Department will process the application upon receipt of the application form and application fee.

Contact: Crown Land Services

Crown Land Services Branch
GPO Box 44
Hobart TAS 7001
Phone: 03 6233 6413
Fax: 03 6233 6655
Email: cls.enquiries@dpipwe.tas.gov.au

Transferring an Agreement

Tasmania Online | Service Tasmania

This page - http://www.dpipwe.tas.gov.au/inter.nsf/WebPages/SSKA-53Z98L?open - was last published on 10 January 2013 by the Department of Primary Industries, Parks, Water and Environment. Questions concerning its content can be sent to Internet Coordinator by using the feedback form, by mail to GPO Box 44, Hobart, Tasmania, Australia 7001, or by telephone.

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