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Roads over Crown land 2000/4

Issued May 2002

Plans defining Closed Road and/or Road Opening

The Roads Act 1993 removed the distinction between Crown Roads and Public Roads. All Crown Roads are now Crown Public Roads.

Crown public roads are usually in the name of "The State of New South Wales", however, they may vest in a local council as the roads authority over Crown title. DLWC may, under s.151 Roads Act 1993, on behalf of the Minister Administering the Crown Lands Act 1989, publish an order in the Government Gazette transferring a Crown public road to another roads authority. Where there is no evidence of such a transfer or vesting, clarification should be sought from DLWC (see attached list of DLWC contacts).

DLWC approval is required for all Road Closing plans and all Road Opening plans over Crown title where the plan will be current at registration. This does not cover Acquisition plans by other Crown Authorities. Evidence of DLWC approval may be provided by either:

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

A plan prepared under the Roads Act 1993 may be lodged by a party other than DLWC or an agent for a local council. This is particularly evident where the plan is dual purpose involving a combination of subdivision, acquisition, road closing and/or road opening.

Road closing

See Registrar General's Guidelines for Plans.

Regardless of whether a public road is owned by the State of NSW (DLWC), local council or other roads authority, all applications for the closing thereof must be lodged with and approved by DLWC on behalf of the Minister Administering the Crown Lands Act 1989. (see s.34 Roads Act 1993).

The road to be closed will be shown as a lot in a deposited plan to facilitate identification in the Government Gazette. Upon registration, the plan will become current and a Torrens title will be created (but not issued) as directed by DLWC (CL45-11 (PDF 407.2 kb) draft form or letter) showing the land to be public road in the appropriate roads authority. Further action will await lodgment of a Request form 11R (PDF 131 kb) directing removal of the road notification from the second schedule and requesting issue of the title. Where the road being closed is the residue/part residue of a Torrens title, the cancellation on that title will be modified accordingly to reflect the road now being a lot in the new plan.

Workflow will be as follows:

  • Enter the relevant title reference in ITS at lodgment of the new plan. Where the road is the residue in a partly cancelled Torrens title, that title reference should be entered in ITS. 
  • Upon registration of the plan:
    • a title will be created (NOCT) as directed by DLWC for the road. The second schedule will record The land above described is Public Road.

    • where the prior title is a partly cancelled Torrens title an additional cancellation should be added indicating "New folios have been created for Lot(s) ? in DP (the new plan) being the whole/part of the road in DP (the plan previously showing the road)".

The plan heading should refer to:

"PLAN OF PART OF XXXX STREET FOR FIRST TITLE CREATION AND ROAD CLOSING UNDER THE ROADS ACT 1993" or "PLAN FOR FIRST TITLE CREATION AND ROAD CLOSING UNDER THE ROADS ACT 1993" (where the land is under Crown title), or

"PLAN OF PART OF XXXX STREET FOR TITLE ISSUE AND ROAD CLOSING UNDER THE ROADS ACT 1993" (where the land is under Old System or Torrens title).

Sec.88B Instruments lodged with Crown plans

A new easement may be created by Section 88B Instrument over any plan that will become current at registration. Plan types include:

  • Acquisition/Resumption where the acquiring/resuming authority already owns the land in the new plan. 
  • Consolidation/Subdivision. 
  • Road Closure. 
  • Road Opening. 
  • Redefinition. 
  • Easement/Restriction. 
  • First Title Issue, or 
  • Any combination of the above.

Providing:

  • the site of the easement is shown on the new plan.
  • the plan and instrument are signed by all parties, including the roads authority, in accordance with s.195D Conveyancing Act 1919. 
  • any affected Torrens titles are produced.

Plans for any of the above purposes affecting land in Crown title will be treated as "First Title Creation", even though gazette action is to follow. This is to facilitate the creation of Torrens title(s). DLWC should take care when preparing any subsequent gazette notification that they do not release or remove any easements that have been created by s.88B Conveyancing Act, 1919 as subsisting interests. NB: it is not necessary for the easements to be referred to in the gazette notice of a Road/Closed Road proclamation.

Memorandum copy of the Directions used by Land NSW staff for Road Closings (PDF 361 kb).

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