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New roads over Crown land 1999/2

Issued May 2000

All plans of survey defining a new road over Crown Land must have approval of Land NSW, Department of Land and Water Conservation, regardless of the purpose of the plan.

Evidence of this approval may be provided by either:

  • having the original plan signed in the panel for Crown Lands Office Approval or
  • lodging a copy of the plan endorsed with this approval.

Plans lodged by parties other than Land NSW may be for multiple purposes, e.g. a plan of subdivision together with a proposed road opening over Crown Land.

These plans:

  • must clearly define the site as road to be declared as Public Road
  • must bear a statement of the intention to declare the road as a Public Road under the Roads Act 1993
  • can only define new road for the purpose of providing access to the property involved in the development and
  • have local council approval.

A gazette notice by Land NSW is required to open the road after the plan has been registered and Land NSW has recently informed the LTO that it should have evidence of Crown Lands Office Approval to the definition of the road prior to registration.

The LTO has previously registered these plans without the approval of Land NSW because:

  • the registration of the plan did not affect any action over the road and
  • the plan had local council approval and so it was assumed the Council was working with the local office of Land NSW in the matter.
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