Crown or “paper” roads criss-cross rural NSW, creating potential access issues and other problems for landowners. RMB Lawyers Partner and rural property specialist HUW EDWARDS explains:
Rural land in NSW has many unformed Crown or ‘paper’ roads that exist only on maps and were created during the early settlement of NSW.
They are part of the state’s public road network, and generally provide access to freehold and leasehold land where little or no subdivision has occurred since the original Crown subdivision of NSW in the early 19th century.
Many have been unused even as a track since they were created two centuries ago, yet they continue to provide the public with rights of access over and through private landholdings.
These Crown roads are defined under the Roads Act 1993 to be a ‘public road’. This classification means that pursuant to section 5 of the Act “a member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road”.
The Department of Planning, Industry and Environment is responsible for the administration of Crown roads. Over time, the use of some Crown roads and surrounding land has changed, which has led to a change of ownership and management of some of these roads.
The department is not required to undertake any work to maintain any of the Crown roads and generally will not provide any consent for any such works, as it lacks the requisite engineering expertise.
The department’s preference is to transfer to local government authorities any roads that are required to facilitate access to properties.
However, local councils are at times unwilling recipients, especially if the “road” does not conform to minimum standards.
Applications may be made to close a Crown road that traverses a landholders’ property, for reasons such as managing biosecurity risks and managing who may access the land.
However, typically these applications move at an agonizingly slow pace and generally take five or more years to be completed.
It is not hard to imagine why these Crown roads can be a common source of aggravation between neighbouring rural landowners.
Accordingly, it is incumbent on those purchasing rural land affected by Crown roads to be aware of the rights and risks attached to them.
RMB Lawyers has experienced professionals who can advise you in this specialised area of the law.