A lease of Crown land gives exclusive use over a particular piece of land for a specified term and purpose. Generally, leases are sought over Crown land where longer-term security is important, such as for commercial purposes.
Crown land is a valuable resource for maritime, industrial and extractive industries, as well as residential and tourist development.
The department issues leases to individuals, companies, non-government organisations, government agencies and community and sporting groups for a number of purposes including, but not limited to:
- marinas and other waterfront businesses and activities
- caravan and tourist parks
- registered clubs, bowling clubs, golf clubs and other sporting clubs
- aged care, child care and disability services
- restaurants and kiosks
- government agencies and local government
- surf lifesaving clubs, and other sporting clubs and community organisations
- aquaculture and land based oyster farming activities
- rural purposes such as grazing, agriculture and irrigation
Check your eligibility
Crown land will be leased to an acceptable applicant that:
- meets the fit-and-proper criteria as a person, business or organisation
- is legally able to hold land under lease.
The fit and proper criteria are documented in Annexure A of the Leasing Crown Land policy.
We will not enter into an agreement with a company that does not have an Australian
Business Number (ABN) and is not registered for GST.
What you need to apply
A completed Lease application form. Applicants must complete all parts of the form accurately and in full.
Copies of the following documents for each signatory to this application and for each individual business partner and/or each office bearer of each applicant company, trust, incorporated association or government agency that is party to this application:
- current Australian drivers licence, and
- current Australian or foreign passport, or
- other form of photo identification showing current residential address.
Copies of the following documents where relevant for each business entity that is a party to this application:
- current business partnership deed
- current company extract
- current certificate of incorporation of an association
- current certificate of registration of a cooperative
- current trust deed.
Copies of documents relating to any of the following matters occurring within the past 10 years:
- insolvency or bankruptcy
- voluntary or involuntary administration, receivership or liquidation
- Crown Lands compliance action or debt management action
- original (or certified copy) national police check issued by the Australian Federal Police, and if the individual has been in a country other than Australia for 12 months or more preceding the application, the original (or certified copy) criminal records checks issued by the authorities in that country.
Location map attached showing boundaries of land that is the subject of this application.
NSW planning property report attached for each parcel of land that is the subject of this application.
Ensure that copies of the required documents are attached:
- site plans and layout
- statements from financiers confirming finance arrangements
- tax returns and statements of net worth for the past three financial years for each relevant person
- annual reports including profit and loss statements and balance sheets for the past three years
- other records confirming current financial status and financial performance for the past three years
- details of significant events, including pending litigation, that may impact on capacity to implement the plan
- images of business premises / past projects demonstrating relevant experience
- statement supporting the application for lease by direct negotiation.
You can generate a free location map.
View maps and property reports at ePlanning Spatial Viewer.
Payment methods
Fees and charges for lease applications comprise:
- a non-refundable application fee, which is an initial advance towards the cost of processing applications
- an invoice for the application fee will be sent to you when the application starts to be processed. Refer to Fees.
Processing activities may include (but not limited to) site and land status investigations, land assessment, community engagement where required, compliance with the Environmental Planning and Assessment Act 1979, survey and plan preparation, valuation, publication of required notices, negotiation and preparation of documents for execution and additional charges may be incurred.
Apply for a general lease
Legal entity of applicant
Applications must be submitted by a legal entity or, if a joint tender, by legal entities, with the capacity to contract. We will only enter into an agreement with a legal entity or entities.
We will require an applicant to provide evidence of its legal status or capacity to contract.
Where the lessee is a company, the lease offer must be signed in accordance with Section 127 of the Corporations Act 2001
- by 2 appointed directors of the company, or
- an appointed director and a company secretary of the company, or
- for a proprietary company that has a sole director who is also the sole company secretary, that director.
A company seal may also be affixed to the lease document.
ABN requirements
We will not enter into an agreement with a company that does not have an Australian Business Number (ABN) and is not registered for GST.