As part of the Retaining Shacks commitment to create new opportunities for families to retain shacks on Crown land and in national parks, an amendment is being sought to the Crown Land Management Act 2009.
Why does the Crown Land Management Act 2009 need to be changed?
Life tenure leases for holiday accommodation purposes (shack leases) on Crown Land were issued under section 78B of the Crown Lands Act 1929.
In 2010, the Crown Land Management Act 2009 replaced the Crown Lands Act. This Act does not allow the holder of a section 78B Shack Lease to apply for a new longer term lease or to purchase the land.
There is a transitional clause in the Crown Land Management Act that reads:
"14—Surrender of certain leases: A surrender of a lease that was granted under section 78B of the Crown Lands Act 1929 (and that continued as a lease under this Act in accordance with clause 13) cannot be made conditional on the granting of an interest in the land to the lessee or any other person."
The Retaining Shacks commitment involves allowing the holder of a Section 78B Shack Lease to apply for a new longer term lease or to purchase the land. To implement the commitment, the Act needs to be amended to create this application process for the holder of a section 78B Shack lease.
An application would only be successful if the shack lessee could demonstrate that they can meet contemporary safety, amenity and environmental standards.
What does the amendment do?
- removes transitional clause 14 from the Crown Land Management Act 2009.
- creates an application pathway for the holder of a section 78B (shack) lease to apply for a long term lease or to purchase the land
- addresses an unrelated ongoing issue by creating a provision to allow for the Minister to require the removal or remove unauthorised fixtures from Crown land.
Does this affect shacks in national parks?
No, this only relates to shacks on Crown land. A shack/shack site will still need to meet other regulatory requirements and standards to be eligible for longer tenure.
Does this amendment mean a section 78B Shack Lease will automatically be granted better tenure?
No, it only provides an application pathway. The shack will still need to meet other regulatory requirements and standards to be eligible for longer tenure.
For further information see the Retaining Shacks commitment.