Leasing Crown Land

SLSCs may be built on land owned by the SLSC, council-owned land, Crown land or a mix of two or three of these. Most SLSCs are built on Crown land, and in most cases, are under the control of a Crown Reserve Trust (CRT), which requires appointing a manager (which could be a local council or a community trust board). In summary, the principles of Crown land management are that, as appropriate:

• Environmental protection principles are observed
• It be occupied, sold or otherwise dealt with consistent with these principles
• Natural resources be conserved wherever possible
• Public use and enjoyment, and multiple use be encouraged
• The land and its resources be sustained in perpetuity.

*SLSNSW recommends all SLSCs on Crown land be by way of a lease and not a licence. A lease of Crown land enables exclusive use of the whole or part of the reserve or a building because of the type of business or activity conducted. CMT members should seek leases for SLSCs on Crown land because longer term security of tenure is an important factor to the land users. This lease could include commercial use or a major financial outlay, such as SLSC buildings.

In January 2016, SLSNSW finalised the negotiation of a standard Crown Land Lease – Surf Club Template with the NSW Department of Primary Industries (Crown Lands). The design took into consideration the majority of needs indicated by SLSCs and recognised differences across NSW. The template acts as a resource from which SLSCs can adopt and execute the document without further negotiation with the Reserve Trust (Land Manager).

SLSCs adopting the template will help alleviate the requirement to obtain consent from the Minister overseeing Crown lands when entering a new lease. Importantly the standardised lease template provides tenure of 20 years and offers the minimum statutory rent. The template includes scope for SLSCs to sublease a portion of the building for a commercial operation.