On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Roads

General principles relating to legislative basis for roads, road authorities and classification of roads.

 

Existing roads in deposited plans must contain sufficient information to indicate that the external boundaries have properly re-established the frontage of adjoining roads.

 

Opening of a new public road must be in accordance with provisions of the Roads Act 1993 or some other Act.

 

Acquisition of land for road purposes may be made by the Minister, Transport for NSW (formerly Roads and Maritime Services) or local councils.

 

New roads created in a deposited plan (by a plan of road or plan of subdivision creating a new road, road-widening or a pathway) will deem on registration, the land opened public road.

 

Proposed road widening requires a roads authority to submit to the relevant Minister a plan for the proposal.

 

Temporary and isolated roads must be connected to the legal public roads system.

 

Crown roads include portion roads, reserved roads, severed land and other roads vested in the name of The State of New South Wales.

 

Leases affecting (whole or part) roads a roads authority may lease whole or part of a public road to the owner or lessee of land adjoining the public road.

 

Ownership of minerals under roads provides information on how and who may own minerals under Roads.

 

Closing of (council and non-council) roads provides information how roads may be closed under the Roads Act.

 

 

For more information contact plan-info@nswlrs.com.au

All NSW legislation can be accessed at www.legislation.nsw.gov.au/
 

Publication Date: October 2024