Leases and licences

OFFICIAL

DELWP recommends that committees of management have formal

agreements such as leases or licences in place with all reserve users.

These protect both the committee and the users. Use of leases and

licences require close cooperation with DELWP staff.

Definitions

Section 10 of the Committee of Management Guidelines provides detail on leases and licences, including

definitions and explanations of the differences between a lease and licence:

• Lease: For exclusive use and possession of part, or all, of the reserve. It may include buildings. A lease is

for a set period of time. The committee is the ‘landlord’ and the organisation or person leasing the land is

the ‘tenant’. The tenant pays rent to the committee as landlord.

• Licence: For non-exclusive use of part, or all, of the reserve. It may include buildings. A licence is for a set

period of time, either continuous or intermittent. The committee is the ‘licensor’ and the organisation or

person accepting the licence is the ‘licensee’. The licensee pays a fee for the licence.

Note: Where it will not interfere with the rights of an existing licence holder, more than one licence at a time may be

granted over the same parcel of land.

Cooperation with DELWP staff and use of specific documentation

The Guidelines include discussion of instances where use of leases or licences might be useful, along with details

of the process for contact with DELWP regarding leases and licences, including:

Minister’s approval in principle to negotiate

• Committees must obtain the Minister’s approval in principle to issue a lease or licence before beginning

negotiations with a proposed tenant or licensee. Contact your local DELWP regional office to start this

process

Standard DELWP templates must be used for leases and licences

• DELWP has developed standard lease and licence documents for use by all committees. These are

available through the Crown Land Kiosk

Minster’s final approval

• Committees must provide the final draft contract to the DELWP regional office. This will enable DELWP

officers to check that the contract terms and conditions are in line with the Crown Land (Reserves) Act

1978 and with DELWP policy.

Note: A person or business who conducts an organised tour or recreational activity for profit on public land is

required to hold a tour operator licence. See the Tour Operators section of the DELWP website for details.

Leases and licences

Good Governance Fact Sheet No. 20

for Committees of Management

of Crown land reserves in Victoria