Local Government Access Forum

Tuesday 28 July 2009

Access over Crown Land

What is Crown Land?

Crown Lands Act 1929 – “Crown land”• All land of State except

• Freehold, leased, dedicated

Crown Land Management Act 2009 – “unalienated Crown land”• All land of State except

• Freehold, leased, dedicated and land owned or controlled by Minister or agency

What is not Crown land?

Roads (made and unmade)• Vested in fee simple under Local

Government ActParklands and dedicated reserves

• Dedicated under Crown Lands Act or freehold under Development Act

National Parks & Forests Reserves• Proclaimed under own legislation

Schools & hospitals• Dedicated or owned by Minister

Beaches• Below HWM vested freehold with Minister

for Transport with care and control to Councils outside harbours

Waterfront Crown Land

Waterfront reserve• “150 link reserve” most of coast and

River Murray waterfront• unalienated Crown land• often dedicated to Councils in urban

areas• sometimes licensed to adjoining

owners in rural areas• sometimes expanded by PLAF project

Access and the law

Freehold• Registered proprietor enforces

proprietary rights - trespassParklands and dedicated reserves

• Custodian applies own policies/bylaws

National Parks & Forests Reserves• Restrictions in legislation

Beaches• Council bylaws

Access and the law

Crown Lands Act 1929• Offence to occupy Crown land without authority,

except• Merely traversing or temporarily camping is not

occupying• Other offences – erect buildings or structures,

deposit materials, etc• Penalty $100 plus cost of removal

• More offences• Depasture cattle, remove timber, remove land marks,

leave gates openCrown Land Management Act 2009

• Occupy unalienated Crown land more than three weeks

• Drive vehicle off established road or track on unalienated Crown land

• Deposit litter or abandon property on unalienated Crown land

• Maximum penalty $20,000• Expiation fee $315

• Custodian can request Minister to apply division to dedicated land

Crown Land Management Act 2009• Use existing DEH compliance

regime• Likely to be operational

rather than “scattergun” approach

• Minister can appoint authorised officers

• By regulation prohibit, restrict or regulate access to Crown land

Unalienated Crown Land Compliance

End Slide