A Crown lease is an agreement between the Crown and a lessee. The agreement allows for a person or organisation to have exclusive right to occupy a specified portion of Crown land.
There are a number of lease types:
- Term lease - remains in place until the date of expiry or, in the case of a life tenure lease, the passing of the lessee
- Perpetual lease - remains in place until the land is resumed by the Crown or surrendered at the lessee’s request.
How can I apply for a lease?
New leases are rarely issued because the majority of Crown land is kept for non-exclusive, public use. However, if the parcel of land you are interested in is unalienated Crown land, you can apply for allocation of the land under leasehold tenure.
To apply for a lease you will need to complete the Application to issue a Crown lease form.
How much does it cost?
A lease is subject to an application, annual rental fees and document preparation fees. Contact us to find out about specific lease fees.
What happens when I no longer want the lease?
If you wish to surrender your lease, you will need to complete the Application to freehold a Crown lease form.
Can my lease be cancelled?
A Crown lease can be cancelled for the following reasons:
- breaching a condition of the lease
- abandonment of the land
- non-payment of rent
- if the lease was obtained by false statement.
Can a lease be transferred?
Many perpetual Crown leases cannot be transferred. You may need to apply to convert a perpetual lease to a fee simple title before it can be transferred or sold to another party.
You may apply to transfer a miscellaneous lease, however the lease transfer will undergo assessment prior to approval.
Most life tenure leases are not transferrable.
To apply for the transfer a lease you will need to complete the Application to transfer a Crown lease form.
If approval is granted and all requirements are met, the documentation facilitating the transfer will be sent to you for lodgement to the Department of Planning, Transport and Infrastructure.
Contact us to find out if your lease is eligible to be transferred.
Can I take a mortgage out on my Crown land lease?
A mortgage may be entered into over land comprised in a registered or unregistered Crown lease with the prior consent of the Minister for Sustainability, Environment and Conservation.
No consent from the Minister is required for a registered perpetual lease, unless the Minister is registered as the first mortgagee.
To apply for consent you will need to complete an Application for consent to mortgage or sublease a lease form.