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Redefinition of existing roads 2009/1

Issued April 2009

The intention of Sections 18-21 Roads Act 1993 is to re-establish the position of public roads or Crown reserved roads where the boundaries of the road have not been defined by survey, there is an inconsistency between the boundary definition and the actual road as constructed or where the original survey marks that were placed to identify the boundaries cannot now be located or ascertained.

The following principles apply:

  • The road must be constructed and in use and the new definition must approximate the position of the original road i.e. the new definition must connect the same sides of the parcel and must not vary in other directions.
  • The provisions cannot be used to create new roads or extend existing roads.  All new roads must be opened in the usual manner pursuant to Sections 9 & 10 Roads Act 1993.
  • In general the reserved road intended to be defined should be internal to the parcel. In this regard the redefinition of the road should not redefine any exterior boundaries of the parcel or the boundaries of any adjoining parcels unless the base plan is one of compilation and the new survey re-establishes the parcel boundaries in a plan of Redefinition.
  • The redefined road may be variable width in lieu of, for example 20.115 wide. It is standard practice for the surveyor to adopt the lines of existing occupations to define each side of the redefined road and this inevitably results in the new road definition being variable width. However the new definition should not significantly reduce the width of the road or encroach onto adjoining occupations.
  • Section 21 Roads Act 1993 does not require the plan to be signed by the parties with an interest in the parcel within which the road is situated. If however, the plan is not so signed, evidence in the form of a statutory declaration must be lodged detailing that ss.18-21 of the Act have been complied with. Legal Division may then serve notice on the affected parties. To avoid the need for notice to be served, the signatures of all affected parties should be endorsed on the plan.
  • The road authority must give public notice of the proposed redefinition and consider any submissions prior to giving final approval to the plan. Upon registration of the plan the road authority must serve notice on the owner(s) of any parcels affected by the new road definition.

Plan examination practice

Any new deposited plan defining a road pursuant to Sections 18-21 Roads Act 1993 must comply with the following:

  • All plans that redefine the boundaries of a road pursuant to ss.18~21 Roads Act 1993 should be approved by either the NSW LRS plan & Title Advisor or the Policy and Practice Officer.
  • Either the plan should be signed by all affected parties or a statutory declaration supplied indicating that the requirements set out in ss.18-21 have been complied with. The declaration should be signed by an authorised officer of the local council, viz:

"…. pursuant to a resolution of Council dated …………."

  • The heading of the plan should refer to:

"Plan of road redefinition under Clauses 18-21 Roads Act 1993."

  • A subdivision certificate is not required (as the plan only redefines the position of the existing road).
  • Unless the signatures of all affected parties are endorsed on the Administration Sheet, the plan will be forwarded to Legal Division for consideration of the serving of notice.

For further information see the Registrar Generals Direction for Plans, Deviation from original surveyed position.

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