Rural Law Online

Crown land

Crown land is a general term for all lands owned by the state of Victoria and controlled by the government. In effect, crown land is land that is not privately owned and has remained in public ownership. Approximately one third of the land in Victoria is crown land.

In Victoria, crown land is used as : parks, forests, ports, aerodromes, railways, camping grounds, foreshores, schools, hospitals, prisons, showgrounds, racecourses and other sporting amenities, cemeteries and public halls. Even beds and banks of waterways and certain watercourses may be crown land under the Land Act 1958 (Vic).

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Who oversees crown land?

The Department of Sustainability and Environment (DSE) is the main overseer of crown land, including:

  • crown land reserves - for public purposes under the Crown Land (Reserves) Act 1978 (Vic)
  • state forests - managed and protected under the Forests Act 1958 (Vic)
  • unreserved crown land - which may be sold or occupied through various types of leases and licences under the Land Act
  • National parks, state parks and other parks - managed and protected under the National Parks Act 1975 and National Parks (Marine National Parks and Marine Sanctuaries) Act 2002

Parks Victoria is responsible for protected areas such as national, state, wilderness and other parks as specified in the National Parks Act.

Local committees of management and local councils run most of the State’s 4300 crown land reserves. Crown land reserves are community and recreational facilities (such as tramways, wharves and public swimming pools) on crown land. The management committees are elected bodies that may employ officers and workers and raise funds, including grants from local councils. But they must be accountable for funds raised and spent. The Crown Land (Reserves) Act sets 3 as the minimum number of members for a community management committee and provides terms of reference for the management, improvement and control of the land for the purpose for which it has been reserved.

The Coastal Management Act 1995 set up an approvals process for the use and development of coastal crown land. People that wish to use and develop coastal land must first obtain the consent of the Minister for Environment and Conservation. As well, the Planning and Environment Act 1987 requires that a planning permit on coastal crown land cannot be issued without the prior consent of the Minister for Planning. As far as possible, these consent processes are integrated: see also 'Planning law' under Chapter 3 Environment and planning.

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