Abstract: The types of activities that can now be carried out on areas of Commonwealth land are beginning to diversify. Surplus lands that were once protected as conservation areas or used exclusively for defence purposes are being decommissioned and ‘retuned’ to the public. The impacts of corporate liberalism have resulted in the Commonwealth Government seeking out uses for these sites that not only assist in providing public access to these areas but also activities that can produce an income. In the past the Commonwealth Government relished its exemption from State legislation, allowing it to make decisions about land use without the restrictions of State or Local planning requirements. However, many of the new activities that the Commonwealth Government is now approving on its sites require other licences or certificates that are generally only issued by the State. The Commonwealth’s exemption from State laws means that the Commonwealth Government is unable to utilise State legislation related to a whole range of management and compliance issues, from occupation certificates to licences for specialised services. A regulation “gap” has appeared in situations where the Commonwealth Government does not have the resources to regulate a particular land use but the State is unable to assist, as the land does not fall within State jurisdiction. This paper proposes a number of possible solutions to this regulation issue.