Under the provisions of Section 34 Roads Act 1993 applications to close a public road (other than a freeway) must be lodged with Crown Lands, on behalf of the Minister Administering the Crown Lands Act 1989.
Freeways may only be closed by the Roads and Maritime Services see ss.33 and 34 Roads Act 1993.
Note Where roads to be closed are in separate title systems they may be shown in a single lot in the new plan, however, road to be closed can not be consolidated with adjoining land regardless of the title system.
Who may apply to close a public road?
This will depend on whether the road is a Crown or Council public road. An application to Crown Lands to close a public road may be made by:
- any person in the case of a Crown public road, or
- in the case of any other public road by the roads authority for the road (usually the council) or by any other public authority.
Applications should be made at the nearest regional office of the Department of Primary Industries - Lands.
Crown public roads any person may apply to Crown Lands to close a Crown public road.
Council public roads
only a Council (or other public authority) may apply to close a Council public road.
Temporary public roads
a roads authority may, by notice in the Gazette, close a temporary public road, only if the road does not give access to an isolated road.
Act 4 William IV No.11 roads
a road opened or made under Act 4 William IV No.11 and closed before 18 October 1968 was vested in the owners of the adjoining lands by the publication of a notice in the Government Gazette.
Deposited plans for road closure
deposited plans defining parcels of existing road that are intended to be closed, must be lodged in NSW LRS.