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Enclosure permits
An enclosure permit (previously known as a road permit) permits a property owner to enclose a Crown road or watercourse within their property by fencing. For more information on closing and purchasing a Crown road see our Road closing page.
An enclosure permit (EP):
- does not provide the holder with any title to the Crown road or watercourse;
- requires that the land must remain available for access if required; and
- authorises grazing, which is the only permissible use of an enclosure permit.
The value of an enclosure permit to a landowner is not only the land's grazing value, but also the saving in the cost of fencing the road out from their (adjoining) property.
Lands has a responsibility at law to ensure that any use of Crown roads is legally authorised under the Crown Lands Act 1989 and/or the Roads Act 1993. Penalties exist for any unauthorised use of Crown land - including the enclosure, occupation, construction or any other use of Crown roads.
Rents
The minimum annual rent for an Enclosure Permit had not increased from $50.00 for more than 15 years. With the advent of Crown Land reforms on 1 July 2004 all permits became subject to a minimum rent of $350. Following a three year phase in period all permits were to be based on market value of the land subject to a minimum of $350 with CPI adjustments annually.
As a concession to current EP holders however, the Minister for Lands announced rental concessions which provided that a single rent fee of $350 would apply to permits for the three year period 2004 to 2007 instead of annual rents.
In this time, EP holders have been encouraged to apply for closing and purchase of any unnecessary Crown roads. The Minister also announced a set of reduced costs for the closing and purchase of roads.
In 2007 the Minister announced an extension of this concessional single rent fee for a further three year period commencing in July 2007 and concluding in the 2010/11 financial year.
At the conclusion of this additional 3 year period, a review of EP rents will be undertaken which is expected to result in increased rents for most Enclosure Permit holders.
The reduced costs for closing and purchase of unnecessary Crown roads will still apply and enclosure permit holders are encouraged to lodge applications to purchase their enclosure permit roads.
Common concerns
Property owners may be concerned at:
- seemingly unnecessary Crown roads through their properties
- the need for payment of rent for the land enclosed and
- the public's continued right of access over these roads.
How can an enclosure permit be cancelled?
Once granted, an enclosure permit normally remains in existence until:
- The road has ceased to be enclosed. Generally this happens when the Crown road is "fenced out" from the adjoining property.
- The road is legally closed and then purchased by the adjoining landowner. Under the Roads Act 1993, Crown roads not required for public access may be closed and purchased by adjoining property holders. This process attracts certain fees and the Crown road is usually sold at market value. Upon closing, any existing enclosure permits over the road are cancelled. The Department has implemented a reduction in fees and purchase price, based on land value, to encourage landholders to apply for closure and purchase of unnecessary roads.
- The road is transferred to another authority, eg. the council. In some instances local councils will apply to have control of a Crown road passed to them where that road is required for public use. Once control is passed to the council, any enclosure permit over the road is cancelled.
What happens when a property enclosing a Crown road is sold?
When a property enclosing a Crown road is sold, the enclosure permit remains and the new owner of the land is liable for payment of the enclosure permit rent (including any arrears of rent and interest). The new holder of the land must notify their local Lands office, in writing, within 28 days of the date of the sale.
Annual rent for an EP is payable in advance.
Please engage a solicitor when purchasing a rural property, to undertake Crown Land searches to ascertain:
- the existence of any attaching permits and
- the adjustment of any debit or credit on the account upon settlement.
In the case of transfer or sale of only part of the land, any under/over payment of rent will remain with the original permit. A new EP will be created to cover the subdivided portion and the area and description of the original EP will be adjusted.
Do any special conditions apply to an Enclosure Permit?
Yes. It is normally a condition of granting an enclosure permit that gates (or other means of access) be erected where the road is required for public use, and any approaches to the road be maintained in good order and condition. Any costs associated with this are the responsibility of the permit holder.
After a permit has been granted, the holder may be directed to erect gates or substitutes or to replace or remove them, as required, so as not to interfere unnecessarily with any public access on the road. A permit holder may object to any such direction, but should be prepared to attend a local Land Board hearing to justify their objection. Gates on roads being used for access must not be locked.
Any trees located on the Crown road must not be interfered with. Crown roads often have important remnant vegetation and operate as significant wildlife corridors. For more information see the Native Vegetation Act 2003.
Structures (other than necessary fencing, gates or substitutes) should not be erected on the Crown road or waterway.
For more information see our Enclosure Permit questions and answers
