Roads

Crown public roads generally provide lawful access to freehold and leasehold land where little or no subdivision has occurred since the original Crown subdivision of NSW, early in the nineteenth century.

These roads are part of the State's public road network, and the majority have not been formed or constructed. In some parts of the State, these roads contain significant native vegetation and provide a wildlife corridor in an otherwise cleared landscape.

Crown public roads are managed under the Roads Act 1993, as are all other public roads in the State.

Enclosure of Crown roads

An Enclosure Permit (formerly known as a Road Permit) authorises the enclosure of a Crown road or watercourse by the holder of adjoining freehold or leasehold land. The permit allows the adjoining landholder to fence a Crown road as part of their property. The permit may be issued, subject to conditions, including payment of an annual rent to the State.

An enclosure permit can only be granted to the holder of the adjoining land. More information on enclosure permits.

Closing and purchasing Crown roads

In 2004, major legislative reform created a simple, less expensive process to close Crown roads that are deemed unnecessary for public access, and which may be closed and sold to the adjoining private landholders.

Purchase of roads within and adjacent to freehold property provides many benefits including:

• certainty of ownership
• consolidation of holdings
• no requirement for an enclosure permit or need to pay rent
• use of the land for purposes other than grazing
• once closed and purchased there is no longer a need to make the road available for public access
• simplified conveyancing in rural areas

Reduced application costs are also available for eligible land holders wishing to make an application to purchase enclosed and adjoining Crown roads.

Each case is assessed individually, and includes an environmental assessment to ensure that natural resource or habitat areas are protected, as required.

So that potential conflict between neighbours over access and future ownership of the road can be resolved, a landholder who wishes to apply for road closure should discuss the road closure proposal with affected landholders and obtain general agreement from adjoining landholders prior to lodging the application to close the Crown road. If consent is not possible, an application may still be lodged with the Department.

Where possible, roads may be closed as public access but with an easement granted over the land to give legal access to a neighbour or other party.

Where an application is unsuccessful, a landholder will be required to continue to pay rent or take steps to fence out the road.

Applying for a Crown road closure

• Discuss the proposal with your adjoining or neighbours and affected landholders. You can choose to lodge a joint application with your neighbours which will allow you to share some of the applications costs.
• Download an application below or collect one from your local Crown Lands office.
• Prepare a diagram clearly showing the road/s proposed to be closed. If you are lodging an application for closure of roads on behalf of a group of landholders or where you intend to purchase only part of the land, please indicate this clearly on the diagram, showing the land you intend to purchase and who will purchase the other portions.
• Lodge the application form and the diagram at your local Crown Lands office with the current fee or post your application with a cheque or money order to:

Department of Primary Industries
Crown Lands
PO Box 2185
DANGAR NSW 2309

• The Department will send you notification that your application has been received.

Application forms

The following forms are available to download:

• Close a Crown public road -  general application (PDF 170Kb)
• Close a Crown public road - council application (PDF 60kb)

Application and Purchase Costs

The purchase price will generally be based on the land value of the adjoining land in the Valuer General's Register of Land Values (the value used to determine local council rates) as at the date the purchaser's application is lodged.

In addition to the value of the road being purchased, the following fees apply.

• Application fee to close the road $475
• Road purchase application fee $220
• Cost of preparing a compiled plan $250*

*This covers the cost of a compiled plan prepared by the Department from a range of source documents. In more complex instances the applicant may require the services of a registered surveyor at the applicants cost.

• Land and Property Information lodgement fees (current fee as at 1 July 2011 and adjusted annually).
• • $199 to lodge a transfer of ownership
  • $99.50 to lodge a dealing (if required)
  • $1,073 to lodge the deposited plan + $128.50 per lot for any plan comprising up to two (2) new lots; or
  • $1,289 to lodge the deposited plan + $128.50 per lot for any plan comprising up to three (3) or more lots.

Application process

Before land that makes up a road corridor can be sold it must be closed under the Roads Act 1993 (the Act). To close a road the Act requires a number of steps to take place which take a minimum 9 months to complete. Primarily this is to ensure that there is no longer a need for that section of the road network.

To be fair to all affected and interested parties, the Department must advise of its intention to close the road. This public consultation is through:

• advertising in the local newspaper of the intent to close the road;  
• notifying relevant public authorities (including local government, Livestock Health and Pest Authority, Fishing and Aquaculture, National Parks and Forests NSW) .
• writing to affected adjoining landholders.  

Adjoining and affected landholders and public authorities are invited to make a submission to the Department regarding the proposed road closing. Generally, only submissions received in writing, within the 28 day advertising period are considered.

The Department carefully considers submissions and assesses each individually on its merits to ensure that any grounds for objection are valid. The assessment will result in the following outcome:

• the road can be closed (either whole or part);
• the road can be closed with requirements for an easement;
• the road can not be closed (either whole or part) as it is required for public access or Government purpose; or
• a combination of the above.

The decision to close the Crown road is made by the Minister for Primary Industries or their delegate. The applicant is notified of the decision and the basis on which the outcome was reached.

Where the closed road is being made available for purchase the applicant will be given information on the next steps to purchase the closed road.

Flexible purchase options

The Department offers two payment options for the purchase price:

• one payment (being the total price); or
• three equal annual instalments with the first instalment payable on acceptance of purchase price.

The invoice for the first instalment will include any associated purchase costs and fees.

If the first payment (either whole or instalment amount) is not made within 28 days of the due date, the Department reserves the right to withdraw the sale and offer the land to another party.

When paying by instalments, the title to the land will be encumbered to protect the Crown interest in the land until the purchase price is paid in full to the Department. If the property is sold before the debt is paid, the remaining balance is payable on transfer of the land.

An account will be issued to the purchaser for the instalment due each year before the due date. Late payment fees apply to debts that remain in arrears after 28 days from the due date. No discounts or penalty fees apply for early payment of the balance owing.

Common application questions

Where a family holds property in different names, can they make a single application?

A group application for road closure may be made but once a road closing is approved for sale separate accounts will be set up for each separate entity and the sale would generally be to the registered holder of the adjoining land. The one family may not constitute the one legal entity as per LPI guidelines.

Can I close and purchase a crown road that traverses land held under lease?

Even if an application for closure of a Crown road is approved, sale of the land may not be approved if it will remove legal access to Crown land or sever Crown land. Where the land traversed by the Crown road is a perpetual lease, the holder is required to convert the lease to freehold prior to the closing of the Crown road. In some instances, the closed road may be sold to the adjoining holder or, if it is considered beneficial in the interests of land management, the closed road may be added to the lease.

What factors are considered for a Crown road closing / purchasing application?

• Each application is considered on its merits and there are no guarantees an application for road closure and purchase will be successful.
• All proposals to close and purchase a Crown road are closely examined to ensure significant natural resource or habitat areas are appropriately protected.
• In assessing whether the road should remain open to the public, affected authorities and adjoining landholders are consulted and any submissions (including objections) are considered.
• Applicants are encouraged to obtain consents from any adjoining landholders (if possible) prior to lodging an application for closure of the road, as such consents may have a significant bearing on the successful closing of the road. If consents are unable to be obtained the Department will still accept an application.
• Where possible, roads may be closed with access requirements being satisfied by including easements for rights of carriageway on title to benefit a particular parcel or parcels of land in lieu of the road.

How long will it take to process a road closing / purchase application?

• Every road application involves set procedures eg: conveyancing and administration, plan compilation, advertising, public consultation and contact with other authorities.
• Each application has unique characteristics and is considered on its merits. Due to the large volume of applications received, no definitive timeframe can be given. The Department endeavours to process applications as soon as possible and has established dedicated work teams and streamlined processes to manage the volumes of applications.
• There are no guarantees an application for road closure and purchase will be successful.
• You are still required to pay rent on your Enclosure Permit while your application to close the road is being processed.

I lodged an application some time ago and I’ve only ever received a receipt of application letter.

The Department has experienced a high volume of applications. Every road application involves set procedures eg plan compilation, advertising, public consultation, contact with other authorities and conveyancing. As each application has unique characteristics and is considered on its merits no definite time frame can be given. Crown Lands endeavours to process applications as soon as possible and has established dedicated work teams to streamline processing to manage the volumes of applications.

Does the Crown Road Purchase Fee Schedule cover applications for the closure of Crown roads that are not held under Enclosure Permit (EP)?

• Yes. The current fee concessions apply to the closure of any Crown public road.
• Concessional fees also apply where any part of the road applied for is a Crown public road, even if some of the application also includes unconstructed Council public road that may vest in the Crown.
• Applications for the closure of Council public roads (which do not include Crown public roads) may only be lodged by Council and are not subject to the current fee concessions. However, if upon closure the land (within the road) will vest in the Crown (which is the case where there has never been any construction on the road) for disposal to the adjoining landholders, the lower fee structure will also apply.

Who will determine / assess environmental issues, public access and access corridors?

The Department will determine environmental issues upon receipt of an application to close / purchase through:

• Public consultation (advertising) 
• Reference to relevant authorities (eg Council, Livestock Health and Pest Authority, Fishing and Aquaculture, National Parks, Forests NSW).
• Reference to adjoining landholders who may be affected by the proposed road closure. 
• Applicants will be advised of the requirements for any easements as part of road closing / purchase process.

What if objections/submissions are lodged for a road closing?

Adjoining land holders and affected authorities are referenced in the road closing process. Only submissions received in writing, within the 28 day advertising period will be considered. The Department as vendor carefully considers submissions and assesses each individually on its merits to ensure that any grounds for objection are valid. The final determination is made by the Minister for Primary Industries and the applicant is notified of the outcome and the grounds on which the decision was made.

What happens if my application to close/ purchase is unsuccessful?

In the event your application is unsuccessful you will be required to continue to pay your enclosure permit rent. Alternatively you may decide to fence out the enclosed road. More information on cancelling an enclosure permit is available on our Enclosure Permit page.

If the application is rejected will I receive a refund?

• If the application is refused, unfortunately there will be no refund of the application fees. However, if the roads under application have not been advertised and the application has been rejected, then a partial refund would be considered depending on the work already undertaken by the department.
• It is recommended that you liaise with your local Crown Lands Office prior to lodging an application for road closure to establish the status of the road and also to ensure that all Crown roads that are attached to or within your property whether held under Enclosure Permit or not, are included in your application for closure of the roads.

How is the purchase price for the road/s determined?

The purchase price for Crown roads is generally based on the per hectare land value of the adjoining land in the Valuer General's Register of Land Values (the value used to determine local council rates) as at the date the purchaser's application is lodged. Some exceptions apply where market based valuation are undertaken.

What if I disagree with the purchase price determined by the Department?

If you disagree with the valuation of the purchase price you should contact the Department and seek advice on the appropriate way forward. If warranted a review of the valuation may be carried out by the Department’s registered valuer. The Department may also consider an independent valuation at your own cost. However, an independent valuation does not necessarily result in the Department accepting that valuation.

If I decide to close / purchase my road, will I have to have a survey undertaken or will the Department identify the boundaries of the road?

• Roads are generally not measured parcels of land. To enable the issue of title and the transfer to freehold land, a plan will be required to be registered which defines the boundaries of the road. The cost of plan registration will be payable by each applicant.
• In many cases it may be possible to compile a plan from existing survey information for the creation of title. Plan compilation is undertaken using information from surrounding plans. However in a smaller number of cases this may not be possible and it will be necessary to have a full survey undertaken by a registered surveyor at the applicant’s cost.
• The applicant has the option of arranging for a plan of the road to be compiled by the Department at the scheduled fee providing a plan compilation is acceptable to Land and Property Information (LPI), or by private arrangement at their own cost. 
• If a compilation plan is all that is necessary the cost to the applicant will be the scheduled fee. 
• In some instances where a group application for road closure has been processed as a single application, costs may also be reduced for applicants when one plan is registered which contains multiple lots to be purchased by different holders. However, any proposal for a multiple lot plan must be approved by the Department in the first instance, as these may be more complex and become a matter for the applicants to arrange through a private Surveyor.
• If a full survey is necessary the applicant will be advised and it will be a matter for negotiation between the applicant and their consultant surveyor.

Does the scheduled fee for plan compilation apply for each plan where multiple compiled plans are required?

The scheduled fee for plan compilation is usually charged once for each separate entity for road purchase regardless of the number of plans required to cover an application for road closure and purchase. It should be noted that an application for closure and purchase of a road will only be accepted over roads within the same Local Government Area and proximity.

Is the fee for road closure paid upfront or is it paid once the closure is completed?

The fee is payable upfront and must be lodged with the application form.

When legal access is required but the practical access is via other means, can the road be closed?

Where it is agreed that a road can be closed, but that legal access is required to be maintained for private purposes, the landholder may wish to negotiate a legal access over the practical access or alternative route by way of an easement or right of carriageway (ROC) on title with the landholder who owns the land that the road traverses. This would be entirely the responsibility of the landholders. However, once legal access is established the road may be deemed to be unnecessary and an application for closure of the road may be successful.

Are there any alternatives available to provide legal access other than via a public road?

• Legal access can be maintained on land via a right of carriageway (ROC) or an easement for access (not public access) which would burden one lot (the closed road lot) and benefit another lot (the lot to which the closed road previously gave access). This can be achieved by registering a dealing over the closed road lot while the land is held in the name of the State of NSW (prior to sale/transfer of the land) or can be undertaken by the registration of a subsequent dealing following purchase with the consent of the holder and all other registered interests.
• Easements may be created by means of a Section 88B instrument under the provisions of the Conveyancing Act 1919 and must be accompanied by the plan of survey and or the Departmental compiled plan.
• The fee for each easement imposed on title of the closed road is payable by the applicant. Provided the easement site complies with LPI compiled plan guidelines (affects the whole of the lot or the site is parallel or perpendicular to existing boundaries of the surveyed lot), a plan of survey is not required. Otherwise a plan of survey is required that defines the easement. The cost of any plan of survey is payable by the applicant.
• Once the ROC or easement for access is in place any disputes are a matter for resolution between the parties involved.

What if I have already applied to close the road and the application was previously refused?

If circumstances that prevented the closure have changed, ie. the reasons why the application was refused, then holders may re-apply to have the road closed. This will attract full application fees and associated costs.

Gates and public access

Any gate which is erected on a Crown road must not be locked. It is essential that access is not impeded. To find out more about the acceptable standard of a gate, a good guide is the standard of other gates in the locality. For more information, contact your local Crown Lands office.

History

The State of NSW was progressively settled after 1788 from the area around modern day Sydney. By the late 1830s, squatters had moved into the countryside and taken up pastoral runs. There were no formal surveys of such areas. When the land was eventually surveyed, legal access had to be provided to every holding. The Crown roads network is a result of providing legal access, but may not necessarily provide practical access.

Many boundaries of holdings were delineated with geometric shapes based on cardinal points and survey conventions at the time rather than using natural boundaries such as watercourses, ranges, etc. Crown roads providing legal access were typically aligned to these boundaries and other considerations normally associated with the location of roads such as topography, slope of the land, natural features, barriers and impediments were not necessarily taken into account. Practical access to every surveyed portion was therefore not assured.