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Dedication of Crown land as public road 2002/3

Issued April 2002

DLWC (Land NSW) has no legislative authority to "dedicate" Crown land as public road on registration of a plan, this includes "existing" Crown roads.

Crown land may only become Public Road by publication of a notification in the Government Gazette under one of the following sections of the Roads Act 1993.

(extract from the Roads Act 1993):

s.10 Land held by RTA or by councils

  1. The RTA or a council may, by notice published in the Gazette, dedicate any land held by it (including land acquired by it under Division 1 of Part 12) as a public road.
  2. On the publication of the notice, the land is dedicated as a public road.

s.11 Land acquired by Minister

  1. The Minister may, by notice published in the Gazette, dedicate any land acquired by the Minister under Division 1 or 2 of Part 12 as a public road.
  2. The notice must declare whether or not the road is to be a Crown road.
  3. On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.

s.12 Minister may open road over unoccupied Crown land

  1. The Minister may, by notice published in the Gazette, dedicate any unoccupied Crown land as a public road.
  2. The notice must declare whether or not the road is to be a Crown road.
  3. On the publication of the notice, the land is dedicated as a public road and (if the notice declares it to be a Crown road) becomes a Crown road.

s.13 Governor may proclaim certain public land to be public road

  1. The Governor may, by proclamation, dedicate as a public road any land that is owned by a public authority and is used by the public as a road.
  2. Such a proclamation may not be made except on the recommendation of the Minister responsible for the authority.
  3. On the publication of the proclamation, the land is dedicated as a public road.

s.150 Transfer of public road to other roads authority

  1. The Minister may, by order published in the Gazette, transfer a public road (other than a Crown road) from one roads authority to another.
  2. An order under this section may not be made except with the consent of the roads authority from which, and the roads authority to which, the road is to be transferred.

s.151 Transfer of Crown road to council

  1. The Minister may, by order published in the Gazette, transfer a specified Crown road to another roads authority.
  2. On the publication of the order, the road ceases to be a Crown road.
  3. An order transferring a Crown road to the RTA may not be made except with the consent of the RTA.
  4. If the road has been provided in a subdivision of Crown land for alienation, or has been reserved in the measurement of Crown land, the official plans of survey showing the road adjacent to the land subdivided or measured are evidence of the width, extent and position of the road.

Examiners should ensure that the statement on the plan reflects the correct section of the Roads Act applying to the situation.

The recommended statement should be in the following words:

IT IS INTENDED TO CREATE LOT(S) TO THE PUBLIC AS
PUBLIC ROAD PURSUANT TO SECTION. ROADS ACT 1993

If there is any doubt as to the purpose of the lots, requisition the Lodging Party to clearly state the intention.

The consent of DLWC should be endorsed in the panel on the plan in all circumstances.

Note Roads created by the registration of a new subdivision plan are dedicated to the public as road pursuant to s.9 Roads Act 1993.

For further information relating to the opening of new roads see Registrar General's Guidelines for Plans.

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