Step 1: Check who owns the land

Use this step to work out who owns or manages the land where you want to do the works, and any adjoining properties the works may affect.

Knowing who owns the land will help you work out whose consent you need before you apply for approvals.

You should not start works until you know who owns the land and have any required written consent in place.

Private landowners

If the land is privately owned:

• You may need written consent from the landholder before you start any works.
• Check whether you need land access agreements, deeds or other written agreements.
• Make sure appropriate insurance is in place, such as public liability cover, before works start.

Crown land, Crown waterways or Crown roads

If the land is Crown land or Crown waterways:

• The beds of most tidal and non-tidal waters are Crown land.
• The legal title boundary may not match the current water boundary because of natural changes such as erosion.

You may need to:

• Confirm if the works area is on Crown land by doing a water boundary determination.
• Obtain landowner consent, a licence or other authorisation from Crown Lands.
• Hold public liability insurance, often with a minimum cover of 20 million dollars, if required under your licence conditions.

Council managed land

If the land is managed or owned by council:

• written landowner consent from council may be required
• other approvals or agreements may also be needed.

Contact the relevant council to confirm:

• whether consent is required
• what information you must provide with your request.

Find your local council

National parks and other reserves

If the land is managed under the National Parks and Wildlife Act 1974, for example:

• national parks
• nature reserves
• Aboriginal areas
• wilderness areas
• conservation areas
• wild rivers.

Special provisions for works in these areas may apply.

State forests

If the land is State Forest or an area subject to a Forest Agreement, you may need approval from Forestry Corporation of NSW to undertake works.

Other NSW Government departments

If the land is managed by another NSW Government department, such as Transport for NSW:

• You may need written consent or a formal agreement from the relevant department.
• Contact the department to confirm their requirements for access and works.

Land subject to land rights or Native Title

If the land is subject to:

• an Aboriginal land claim
• registered Native Title
• a Registered Indigenous Land Use Agreement.

You will likely need consent or approval from the relevant Native Title body or Aboriginal land council.

Multiple landowners

Works along a waterway often cross more than one property or land tenure, for example:

• Crown tidal or intertidal land in the bed of the waterway
• private land above the mean high water mark.

In these cases you must obtain landowner consent from every landholder whose land is within the footprint of the works.

Use the NSW ePlanning Spatial Viewer to help confirm:

• property addresses
• legal property descriptions
• land ownership details.

Easements, rights of way and management plans

You must also check for:

• easements
• rights of way
• plans of management
• Native Title requirements
• Aboriginal land claims.

You can usually find this information:

• on formal property plans from the local council or NSW land titles services
• in the ePlanning Spatial Viewer
• by asking the relevant landowner or land management agency.

You will also need to consider any consultation requirements in Step 13: Stakeholder consultation.