Water frontage licensing

What is permitted on Crown water frontages?

Refer to the Crown water frontage: A guide to public access and recreational use (PDF, 200.0 KB) fact sheet to understand what the public can and can’t do on Crown water frontages.

How are the designated areas for camping chosen?

The Department of Environment, Land Water and Planning is leading the assessment of sites, with the support of a number of other agencies. Assessments include consideration of environmental values and suitability for camping.

An assessment of Aboriginal cultural heritage will be undertaken by the relevant Traditional Owner group for that area.

Public safety and agricultural impacts have also been considered in the development of the regulations to determine where people will be able to camp.

• Guide to site assessments - Camping on licensed Crown river frontage
  (PDF, 155.4 KB)

• Accessible Version - Guide to site assessments (DOCX, 543.9 KB)

What criteria does the assessment process consider?

The new regulations, including camping designations, do not apply to Crown water frontage in areas within national, state or regional parks, or Crown land reserves.

Areas of licensed Crown water frontage cannot be designated as a camping area if it is:

• less than 20 metres in width (as camping is not permitted within 20 metres of a waterway)
• less than 200 metres from a residential dwelling
• being cultivated
• subject to riparian management works (including planting of vegetation and revegetation of the land)

In addition to the legislated criteria, the DELWP-led assessment process for designating camping areas considers environmental values, suitability for camping, public safety, and the interaction with adjoining farms. An assessment of Aboriginal cultural heritage will be undertaken by the relevant Traditional Owner group for that area.

Where will the first designated camping areas be located?

Designation of camping areas will initially focus on priority rivers in northern Victoria. More rivers across Victoria will follow as assessments are undertaken.

When will people be able to camp on these sites?

An initial list of sites will be available on the DELWP website (Access to Crown water frontages) as coronavirus (COVID-19) restrictions allow. More areas will be progressively made available over the next 18 months.

How do visitors identify and access these new areas?

The DELWP website (Access to Crown water frontages) lists licensed river frontages that have been designated where camping is permitted.

This includes maps of the areas and appropriate access, and any information or conditions specific to the use of that area (e.g. whether campfires are permitted).

Access to camping sites on licensed Crown river frontages is only permitted via public access points. Trespassing on private land is illegal.

Where camping is permitted, signs will be erected to indicate the area available for camping.

Vehicle access on licensed Crown river frontages, other than on formed roads, remains prohibited and subject to the Land Conservation (Vehicle Control) Regulations 2013.

Will licensees be notified of the assessment process?

Yes. Licensees will be notified of any assessments being done in areas where they hold a licence.

How are the regulations being enforced?

Victorian Fisheries Authority operates a 24-hour hotline 13FISH for reporting misconduct and continues to work together with the Department of Environment, Land, Water and Planning, and Parks Victoria to enforce the regulations.

In the event of an emergency, call 000 and ask for the appropriate service.

What are licensed and unlicensed Crown river frontages?

A licensed Crown river frontage is Crown land which has a frontage to a waterway and is licensed under the Land Act 1958.

An unlicensed Crown river frontage is Crown land which has a frontage to a waterway and is not licensed under the Land Act 1958. It may, however, be licensed under the Forests Act 1958.

What is the difference between a licence and a lease?

A licence is not a lease. Licences are an authority to use the land for specific purposes, rather than authority to occupy or use it exclusively.

A lease allows the lessee to exclusively occupy the land.

Generally, Crown water frontages are subject to licence, and not to a lease.

Who is the ‘land manager’ referred to in the regulations?

The regulations refer to the ‘land manager’. This refers to the Department of Environment, Land, Water and Planning or Parks Victoria.

As these areas are Crown land, the licensee or adjoining land holder is not the land manager.

What facilities will be provided in designated camping areas on licensed Crown river frontages?

The identification of licensed Crown river frontages where camping is permitted is intended for dispersed camping. It is not expected that any additional facilities be provided, or site maintenance undertaken.

At a few identified campsites you may be able to have a campfire, and will need to bring your own firewood. The use fallen timber or living material for fires is prohibited on all licensed Crown river frontages.

How will government ensure public safety on licensed Crown river frontages?

Campers and recreational visitors to Crown river frontages use the areas at their own risk. Campers are responsible for their own safety and the safety of those in their care. Campers should be prepared for any natural hazards or outdoor risks when visiting public land, including public land subject to a grazing licence for livestock.

In the event of flood, fire, natural disaster, or other emergency, the land manager (DELWP or PV) may temporarily close an area of Crown river frontage to protect public safety.

How will government ensure biosecurity is protected?

The public are already able to access licensed Crown river frontages for recreation. Many of the regulations are similar to those previously in place and we expect recreational visitors to be respectful of the activities of licensees and landholders.

Many farms are subject to strict biosecurity requirements. We expect visitors to the public land adjacent to farms be considerate of these requirements.

Visitors to Crown river frontages are not permitted to bring animals (with some exceptions), vegetation, soil, rock, or similar materials onto Crown river frontage to protect biosecurity and the environment. Visitors must remove all waste and personal property for which they are responsible.

Will there be a camper registration system?

There is no registration system in place for camping. Government is exploring the potential for introducing a registration system for the designated camping areas. Mandatory registration is not a feature of other public land in Victoria.

Who is responsible for any incident or injury on licensed Crown land?

Under Crown land licences, the licensee is responsible for taking all reasonable steps to avoid risk of harm to a person or their property as a result of their use of the land. As these licences are not for exclusive use of the land, and the public is currently permitted to access licenced Crown land for various recreational activities, licensees are advised to include licensed Crown river frontages in their public liability insurance. Campers will hold the same duty as licensees to not cause harm to a person or property.

If an incident occurs, it would be subject to standard legal processes.

Can licence holders block public access to the Crown land river frontages adjacent to their properties?

No. The public currently has a right to access and use public land on foot, subject to the regulations. Vehicle access on Crown river frontages is not permitted.

The regulations include offences for erecting barriers or misleading signage to deter access.

Can the public enter or cross private land?

No. Allowing camping on licensed Crown land areas does not change the current situation for someone entering private land. Access to freehold (private) land or leased land adjoining a Crown land frontage without the landowner's or leaseholder's consent is not permitted and would constitute trespassing.

Are licence holders allowed to undertake activities in accordance with their licence, even if these are prohibited in the regulations?

A Crown water frontage licence gives a licence holder authority to use the land for specific purposes, such as grazing or revegetation of the land.

Licence holders do not commit an offence against the regulations (with some exceptions) if they are acting in accordance with their licence purpose. For example, licence holders may operate a vehicle on the licensed Crown water frontage as long as it is associated with the licence purpose e.g. managing livestock or spraying weeds.

A licence holder is subject to the same conditions as a member of the public when undertaking activities not specified in their licence conditions, such as recreational activities.

How are concerns about campers disrupting farming families being addressed?

The public are already able to access licensed Crown river frontages for recreation. Many of the new regulations are similar to those previously in place for these activities and we would expect recreational visitors to be respectful of nearby properties.

The final regulations reflect the extensive feedback received and deliver a fair balance between respecting the interests of adjoining landowners while providing increased opportunities for community recreation.

For example, the regulations only permit camping in designated areas, in areas more than 200 metres from a residential dwelling, and for a maximum for 14 nights.