Managing Crown Land - Fact Sheet - Crown Land Water Frontages
Introduction
A Crown land water frontage is any strip of Crown land that runs alongside designated rivers and streams. That land may not continue for the whole length of the river or stream. Generally a Crown water frontage would have a width of approximately 20-30 metres. However, the actual width of the water frontage may vary considerably because of the distance between the water frontage and any adjoining private land. Often the exact boundaries are unknown as the Crown land may not have been formally surveyed or the course of the river or stream may have altered over time.
Not all water frontages are Crown land. Only 25,000 kilometres (or 20 per cent) of Victoria’s 128,000 kilometres of water frontage is Crown land. The rest is generally privately owned land.
Management of these Crown land water frontages is the responsibility of the Department of Sustainability and Environment (DSE), unless DSE has issued a licence to another person or body. If this is the case the licensee is responsible for management of the water frontage.
Licensing of Crown Land Water Frontages
DSE may issue a licence for agricultural use over a Crown water frontage to an owner/occupier of the adjoining private land on behalf of the Minister for Environment and Climate Change. When considering an application to use a Crown land water frontage, DSE must ensure that public land values are protected. Examples of public land values include environmental, historic, recreation, natural resource and cultural significance.
Grazing is the main use for which Crown land water frontages are licensed. Other uses that DSE may issue a licence for are the growing of crops and planting native vegetation.
A licence over a Crown land water frontage provides personal permission to enter and use the land for a specified purpose and does not offer exclusive use to the licensee. When a Crown land water frontage is licensed, the public retains the right to enter and remain on the land for passive recreational purposes, eg. walking, fishing, or bird watching. However, members of the public are not permitted to camp, light fires or carry firearms on the land.
Pedestrian access must be provided at any fence that crosses the frontage through the provision of a stile or unlocked gate. However, members of the public are strongly advised to contact the landholder/licensee before accessing any river or stream frontage.
Licences over Crown land water frontages for agricultural use can be issued for five years. DSE may also decline applications or if a licence is issued it may be cancelled if licence conditions are not met.
Frequently Asked Questions
Can I obtain a licence for a Crown land water frontage if I am not the owner/occupier of adjoining private land?
Crown land water frontage licences are issued only to the owner/occupier of the adjoining private land.
Are there circumstances where I must hold a Crown land water frontage licence?
If you are using a Crown land water frontage for agricultural purposes or private use, DSE requires you to take out an appropriate licence.
How do I apply for a Crown land water frontage licence?
Contact your local DSE office. You will need to apply in writing, preferably on an 'Application to use Crown Land' Form.
How is rental determined for a Crown land water frontage licence?
The rental for a Crown land water frontage for agricultural use is determined by the carrying capacity of the land, expressed in Dry Sheep Equivalents (a Dry Sheep is a two-year old wether weighing 45 kilograms and maintaining its present weight). The minimum annual rental is currently $64.90 (including GST). If the water frontage is not being used for productive purposes, the rental payment is reduced.
Yes. A licence application fee applies to all applications, and in some circumstances a licence preparation, transfer or replacement fee applies. Contact your local DSE office for further details.
What do I do if I don't agree with the proposed rental?
A licensee may only lodge an appeal against the productive rental on the basis of:
- the assessed carrying capacity
- the area considered to be productive
- both of the above.
Am I liable for rates on the licensed Crown land water frontage?
Yes. Under the conditions of the licence the licensee must pay all rates and charges applicable. Your local council will determine whether it charges rates on the licensed water frontage.
What happens to the licence if I sell my property?
It is DSE policy that only the owner/occupier of adjoining private land can hold a licence over an adjoining Crown land water frontage. If you decide to sell all or part of your property and that section adjoins the Crown land held under licence, the licence will need to be transferred to the new owner of the property.
You should also advise your Solicitors/selling agent that a Crown land licence/s exist for the property that may need to be transferred in part or full to the new owners.
A form to transfer the licence needs to be completed by both parties, along with payment of a transfer fee of $44.00 to be sent into either the Seymour (03 5735 4300) or Bendigo (03 5430 4444) location of the DSE Transaction Centre. You can call the Centre on the numbers listed. It would be beneficial to have the licence number available to quote to the DSE Officer.
I have received a grant from the Catchment Management Authority to fence my Crown land water frontage for revegetation - do I have to give up my licence?
No. It is recommended that you advise your local DSE Office that you have a grant for revegetation works and discuss the matter with your local officer. It will be suggested that your licence be amended so that the area can still be grazed periodically and your rental will be discounted over the five-year term.
Will my private details be kept private?
The Department of Sustainability and Environment is committed to protecting information provided in accordance with the principles of the Information Privacy Act 2000.
Information contained in your licence, or any other correspondence related to your licence, may be stored and used by the Department for the purpose of advising the Department and/or relevant Minister on matters relating to the management of Crown lands in Victoria. This information may be disclosed to other relevant governments agencies or statutory authorities or local government authorities for these purposes or if required by law.
For more information, visit the DSE Privacy Policy page.
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