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Crown land in Western Australia is land without a certificate of title under the TLA or a memorial or grant registered under the Registration of Deeds Act 1832. Approximately 93% of Western Australia's land area is Crown land, with the majority of this land being used for pastoral leases, reserves, and unallocated Crown land. The laws applying to the use and administration of Crown lands are of great importance in Western Australia, with the Land and Public Works Legislation Amendment Act 2023 making a number of amendments to the LAA, which governs the administration of Crown land. The Conservation and Land Management Act 1984 (CALM Act) also deals with the management of Crown land in the form of national parks, state forests, and the conservation estate.
| Characteristics | Values |
|---|---|
| Definition | Land in Western Australia without a certificate of title under the TLA or a memorial or grant registered under the Registration of Deeds Act 1832 |
| Percentage of Western Australia's land area | 93% |
| Composition | Pastoral leases, reserves and “unallocated” Crown land |
| Conservation area | 7.6% of the state |
| Management | The Conservation and Land Management Act 1984 (CALM Act) deals with the management of national parks, state forests, and the conservation estate |
| Administration | The Land Administration Act 1997 (LAA) introduced new practices and policies for the release and protection of the Crown estate |
| Ownership | The Queen, through her representative the Governor |
| Grants | Issued by the Governor for a designated purpose, such as a church site, hall site, or ambulance quarters |
| Modernisation of administration | The LAA modernised Crown land administration and management, implementing a document registration process for the Crown estate |
| Datasets | Information about the ownership and vesting of freehold and Crown land in Western Australia is available in datasets |
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What You'll Learn
Crown land definition and ownership
Crown land in Western Australia is land held by the government on behalf of the public, for the benefit of the community. It is land for which there is no certificate of title under the TLA or a memorial or grant registered under the Registration of Deeds Act 1832. Nearly all roads are Crown land, extending from the fence line of one property to the fence line of another, not just the portion set aside for vehicles. Most recreation reserves, river foreshores and beaches are Crown land, and public utilities (dams, pump stations, electricity switch yards, etc.) are usually constructed on Crown land.
The land was originally granted by the Governor, as the Queen’s Representative, in fee simple free of cost but could only be used for a designated purpose, such as a church site, hall site, or ambulance quarters. Mortgages to fund the development of the site of a Crown Grant in Trust created under the Land Act 1933 could be registered with the consent of the Governor (obtained through the Department of Planning, Lands and Heritage) and leases could be registered in a similar fashion but the lessee may only use the land for the same designated purpose as the original proprietor or lessor.
The introduction of the LAA on 30 March 1998 revolutionised the administration of Crown land in Western Australia. The legislation modernised Crown land administration and management and is a substantial rewrite of existing laws. The legislation introduced new practices and policies for the release and protection of the Crown estate and implemented a document registration process for the Crown estate, where all documents will need to be registered to be effectual. Well-established conveyancing procedures used for freehold land now apply to the Crown estate, while preserving the current benefits of the Crown legal system.
Approximately 93% of Western Australia’s land area is Crown land, with the majority of this comprising pastoral leases, reserves and “unallocated” Crown land. About 7.6% of the state is set aside for conservation purposes. Western lands are mostly used for agriculture and grazing, with some residential and business uses.
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History of Crown land grants
Crown land grants in Western Australia have a long and complex history that dates back to the early days of British colonisation. Initially, all land in Australia was deemed vacant (terra nullius) and claimed on behalf of the British Crown. The process of settlement involved the subdivision of land and the issuance of Crown leases or Crown Grants to applicants.
The first land grants in Western Australia were made in the late 1790s, with Governor Phillip empowering emancipists to claim land as early as 1787. These early grants were relatively small, totalling approximately 4,000 acres over a period of almost five years. It was not until the late 1790s that larger grants were made, and these were often subject to exploitation and land speculation. Free settlers and ex-convicts of "good conduct and disposition to industry" were among the recipients of these early land grants.
In the Swan River Colony, established in June 1829, land grants were made to settlers in proportion to the value of their assets and labour. Settlers were granted 16 hectares (40 acres) of land for every £3 of assets invested in the colony. However, the assessment of asset value was left to the discretion of the authorities, leading to inconsistent and inaccurate valuations. This system continued until 1832 when crown land was disposed of by sale at auction.
The Colonial Office regulations for Western Australia, issued in December 1828 and January 1829, offered land grants to emigrants based on the value of their property, equipment, and stock. These grants were conditional on the land being improved within ten years, or they would be handed back to the government. This system of free land grants ended in December 1830, and the sale of unoccupied Crown Lands by auction was introduced in January 1832.
Over time, the administration of Crown land in Western Australia evolved, with the introduction of the Land Amendment (Transmission of Interests) Act in 1992 and the LAA in 1998, which modernised the management and administration of Crown land in the state.
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Crown land reserves
Crown land in Western Australia is defined as all land in the state for which there is no certificate of title under the TLA or a memorial or grant registered under the Registration of Deeds Act 1832. Approximately 93% of Western Australia's land area is Crown land, with most of it comprising pastoral leases, reserves, and "unallocated" Crown land.
The LAA, introduced on March 30, 1998, revolutionised the administration of Crown land in Western Australia by modernising its management and substantially rewriting existing laws. The LAA also introduced new practices and policies for the release and protection of the Crown estate and implemented a document registration process for the Crown estate.
The Land Act 1933, which was replaced by the LAA, provided for Crown reserves to be classified as Class A, B, or C. However, the LAA now only recognises one classification of reserves, which are Class A reserves. Amendments to Class A reserves require advertising and may require tabling of the proposal in both Houses of Parliament.
The Land and Public Works Legislation Amendment Act 2023 made further amendments to the LAA, including providing the Minister for Lands with the ability to revoke a management order and excise land from managed reserves for public works.
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Management of Crown land
Crown land in Western Australia is land for which there is no certificate of title under the TLA or a memorial or grant registered under the Registration of Deeds Act 1832. Approximately 93% of Western Australia's land area is Crown land, the majority of which comprises pastoral leases, reserves, and "unallocated" Crown land. The management of Crown land in Western Australia is thus of great importance.
The administration of Crown land in Western Australia was revolutionised by the introduction of the LAA on 30 March 1998. The LAA modernised Crown land administration and management, introducing new practices and policies for the release and protection of the Crown estate. It also implemented a document registration process for the Crown estate, requiring all documents to be registered to be effectual. This has resulted in a Single Registration System, which has simplified and streamlined many processes relating to the Crown estate.
The Minister for Lands plays a crucial role in the management of Crown land. Consent of the Minister for Lands is required for various transactions involving Crown land, including the transfer, mortgage, lease, or other encumbrance of freehold Conditional Tenure land or a Crown Grant in Trust. Additionally, the Minister for Lands has the authority to approve easements and covenants to service authorities and valid notification documents, which are shown as encumbrances in a revestment order.
Other government agencies also have management roles over Crown land in Western Australia. These include the Department of Biodiversity Conservation and Attractions, the Water Corporation, the Department of Mines, Industry Regulation and Safety, and the Department of Transport. These agencies have varying degrees of involvement in the management of Crown land, depending on their specific responsibilities and the legislation controlling them.
It is important to note that when a government department purchases land with a certificate of title, it is not automatically considered Crown land. In such cases, the department assumes the rights and obligations of any other land owner, subject to the applicable legislation.
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Crown land in Western Australia's legislation
Crown land in Western Australia refers to land that does not have a certificate of title under the TLA or a memorial or grant registered under the Registration of Deeds Act 1832. This includes most roads, recreation reserves, river foreshores, beaches, and land where public utilities are constructed. The legislation governing Crown land in Western Australia has evolved over time, with key acts and amendments influencing its administration and management.
The Land Act 1933 was a significant piece of legislation that provided the framework for managing Crown land in the state. It allowed for the creation of Crown Grants in Trust, which were permits for specific land uses, such as church sites or ambulance quarters. The act also introduced the concept of Conditional Tenure Land, which required the approval of the Governor for any transfers or changes.
However, the introduction of the Land Administration Act (LAA) on March 30, 1998, marked a significant shift in the administration of Crown land. The LAA modernised and substantially rewrote existing laws, introducing new practices and policies for the release and protection of the Crown estate. It implemented a document registration process, requiring all documents related to the Crown estate to be registered to be effectual. The LAA also replaced the classification system for Crown reserves, simplifying it into two categories: Class A and reserves. Class A reserves are designated for areas of high conservation or community value, and any amendments to these reserves require advertising and, in some cases, tabling of proposals in both Houses of Parliament.
The Conservation and Land Management Act 1984 (CALM Act) is another crucial piece of legislation that deals with the management of national parks, state forests, and the conservation estate in Western Australia. The CALM Act works in conjunction with the LAA, relying on the creation of reserves under the latter. The Minister for Environment has the power to amend conservation parks, national parks, and Class A nature reserves to protect these areas.
The Land and Public Works Legislation Amendment Act 2023 made further amendments to the LAA, enhancing the Minister for Lands' ability to manage Crown land. These amendments included provisions for excising land from managed reserves for public works, revoking management orders when necessary, and improving consultation processes for actions affecting managed reserves.
The legislation surrounding Crown land in Western Australia is complex and dynamic, with ongoing revisions and updates to adapt to the changing needs and priorities of the state. These laws play a crucial role in balancing the use and conservation of Crown land, ensuring its sustainable management for future generations.
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Frequently asked questions
Crown land in Western Australia refers to land without a certificate of title under the TLA or a memorial/grant registered under the Registration of Deeds Act 1832. It covers approximately 93% of the state's land area, including pastoral leases, reserves, and "unallocated" Crown land.
The management of Crown land in Western Australia is governed by various legislation, including the Land Administration Act 1997 (LAA), the Land Act 1933, and the Conservation and Land Management Act 1984 (CALM Act). The LAA introduced new practices and policies for the release and protection of the Crown estate, and it replaced the Land Act 1933 in 1998. The CALM Act deals with the management of national parks, state forests, and the conservation estate.
A reserve is a form of tenure of Crown land, set aside for a particular purpose in the public interest. It is not an interest in land. Crown land reserves can be classified as Class A, B, or C, with Class A having the highest degree of protection for areas of high conservation or community value.
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