When reviewing Crown road purchase applications, the Department asks nearby land owners and stakeholders if they support or oppose the sale. Reasonable objections include the need to get to nearby properties, places and public roads.
Resolution process
The Department encourages applicants and affected parties to reach a mutual agreement about the proposed road purchase.
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Initial considerations
The Department considers whether the objection is reasonable and if a resolution is possible.
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Start resolution process
An officer contacts the applicant and impacted parties, sharing available information and submissions.
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Parties prepare for negotiation
The applicant and objectors discuss the situation.
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3-phase resolution process
- Phase 1 (negotiation – 42 days)
- Phase 2 (conciliation – 21 days)
- Phase 3 (decision – 21 days)
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Decision making
If a solution is agreed to at phases 1 or 2, the Department will not make the decision. At phase 3, the Department will make the decision based on available information.
Resolution pathways
Several resolution pathways are available, and depending on the complexity of the issue, you may use one or more options.
- Easement for access: Giving someone the right to access and use land while the legal title or ownership of the land remains with its owner.
- Easement for use of an existing structure or service: An easement can be registered over the Certificate of Title of the road to protect the rights of both parties.
- Splitting or subdivision of road: When the road affects more than one property, a practical resolution may be to split the road along existing fence lines, current use of the road, landscape and/or contour.
- One party purchasing whole of the road: Based on factors such as fence lines, use and landscape features.
- Part or sections of road remaining open: The road can continue to be part of the public road network.
- Non-sale resolutions: Rather than selling the road, Crown Lands may transfer a Crown road to a local council or road authority, or licence the road for a specific purpose.
- Legalisation of track in use (private arrangement): Establishing a right of way, easement or other arrangement over a track that is physically present and in use.
Relevant legislation
- Roads Act 1993 (section 152A-152J): Outlines the regulation and management of public roads in NSW, including Crown roads.
- Conveyancing Act 1919 (section 45 and 88B): Governs the legal process of transferring property ownership in NSW.
- Crown Land Management Act 2016: Ensures the sustainable management and use of Crown land for the benefit of the people of New South Wales.
Examples
Encroachment
We consider objections on the basis that unauthorised assets are encroaching on the road corridor, along with access requirements. The Department may refuse a sale if it identifies the road as necessary for legal access to freehold or government-owned land.
Conflicting expressions of interest
When determining road purchase applications, the Department may consider fence location, current enclosure permit status and access requirements.