Posted on June 25, 2026 by Dominic Smith, Frances Tse and Megan Hawley

Bill to amend the Crown Land Management Act 2016

On 17 March 2026, the Crown Land Management Amendment (Statutory Review) Bill 2026 (the Bill) was introduced into Parliament to amend the Crown Land Management Act 2016 (CLM Act), the Commons Management Act 1989 and Crown Land Management Regulation 2018 (CLM Regulation). Debate on the Bill has been adjourned and the Bill remains before the Legislative Council.

The reforms are intended to give effect to the recommendations arising from the statutory review of the CLM Act.

Purposes for which land may be reserved or dedicated

The CLM Act and CLM Regulation currently do not provide a list of public purposes for which land may be reserved or dedicated. The relevant public purposes under the CLM Act and former Acts are and were notified by Government Gazette.

The Bill introduces the power for the Minister administering the CLM Act (Crown Lands Minister) to make Crown land management rules to specify the list of purposes for which Crown land may be reserved or dedicated. The Crown Lands Minister will also have the power to make regulations which prescribe the criteria that the Minister must consider when adding to or altering the purpose for which the Crown land was dedicated or reserved.

Consequential amendments have also been proposed to the process for dedicating or reserving Crown land to require the reserve or dedication to specify a purpose listed in the Crown land management rules to be made (see for example, new sections 2.3, 2.6A, 2.8 and 2.10A).

These reforms, if made, will provide clarity on the list of public purposes and how Crown land may be used, when it is reserved or dedicated for a particular purpose.

Additional powers to grant leases, licences and other interests on Crown land

The Bill also introduces amendments to how interests can be granted under the CLM Act, including:

  • the Crown Lands Minister’s power being extended to allow leases, licences, permits, easements and rights of way to be granted over dedicated or reserved Crown land for any purpose (see new section 2.18);
  • a Crown land manager can grant a short-term licence for no more than 5 years, if that licence is for a prescribed purpose under the regulations and is not subject to a requirement for Ministerial consent in Part 3 of the CLM Act (see new section 2.20);
  • a Crown land manager can also grant secondary interests (including a lease, a licence, a permit, an easement or a right of way) over Crown land if that interest satisfies the criteria in the regulations and does not require Ministerial consent, even if that interest is inconsistent with the reserve or dedication purpose (see new section 3.28); and
  • certain Crown land managers will have the power to make minor changes to a lease or licence granted over Crown land, if that change does not result in a change to key provisions relating to that lease or licence, native title rights and interests or claims under the Aboriginal Land Rights Act 1983 (ALR Act).

The effect of these changes, if made, is to expand the scope of the Crown Lands Minister to grant certain interests over Crown land that is reserved and dedicated. Crown land managers will also have a greater ability to grant various interests under the CLM Act, subject to any requirements for Ministerial approval in Part 3 of the CLM Act and any future amendments made to prescribe the requirements for those interests in the regulations.

Validation of holdings and leases

In previous In Focus articles, we have considered the effect of the High Court decision in La Perouse Local Aboriginal Land Council v Quarry Street Pty Ltd [2025] HCA 32, which held that Crown land subject to a lease, but lying vacant, may still be “claimable Crown land” under the ALR Act. You may read that article here.

The Bill introduces a new provision that the granting of a lease under CLM Act or the former Acts constitutes a lawful use for the purposes of another Act (see new section 5.20B(4)).

The Bill also introduces a power for the Minister to declare a holding over Crown land to be valid if the Minister is reasonably satisfied that making the declaration is in the public interest. Holdings are any lease, licence or incomplete purchase made under the CLM Act. The Minister may also vary a holding over Crown land if the Minister is reasonably satisfied that the variation is necessary to correct an error in the holding and the error is minor.

The effect of these amendments, if made, is to validate various leases and holdings which may otherwise be invalid and therefore remove the land from being claimable Crown land under the ALR Act. These amendments are the subject of debate given the effect of those changes is to validate various holdings over Crown land retrospectively and disentitle an Aboriginal Land Council from claiming that land under section 36(1)(b) of the ALR Act.

Owner’s consent to development applications relating to Crown land

The Bill proposes amendments to the CLM Act to set out the circumstances in which the Crown Lands Minister is taken to have given written consent on behalf of the Crown to the making of a development application over Crown land for the purposes of the Environmental Planning and Assessment Act 1979. The new provision, if made, repeals the existing list of developments in sub-section 2.23(2) of the CLM Act and provides that the Minister is taken to have given written consent on behalf of the Crown, if the development is prescribed by the CLM Regulation or a development application is made by a Crown land manager, a holder of a lease or a holder of a licence over Crown land.

Obligations of Crown land managers

The Bill introduces additional powers for the Crown Lands Minister to make regulations to prescribe the obligations and liabilities of Crown land managers regarding activities that may affect native title rights and interests and/or rights and interests under the ALR Act.

The full text of the Bill is here: Crown Land Management Amendment (Statutory Review) Bill 2026.

If you have any questions regarding this article, please leave a comment below or contact Megan Hawley on (02) 8235 9703, Frances Tse on (02) 8235 9711 and Dominic Smith on (02) 8235 9712.

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