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

Act 4 William IV No.11 roads

Act 4 William IV No.11 1833 was the first statute to authorise the Government to make, alter and improve roads in the Colony through private freeholds. The Act stated that the road was to be surveyed or delineated on a plan.

Roads opened by proclamation under Act 4 William IV were variously known as "proclaimed roads", "confirmed roads" or "William IV roads". The Act only allowed certain roads (eg Parramatta Road) to be considered as a "public road" and these "public roads" were maintained at the public expense.

All other roads under the Act which needed to be maintained were called "parish roads" which were established only upon representation by (and at the cost of) the community of a particular land district. These roads were for the benefit of the adjoining land owners and maintained from the rates put in place on the adjoining land owners.

Parish Roads were not established as public roads unless they were proclaimed to be open for public use and if no compensation was paid, until the road was in fact used by the public.

The public use was limited to the surface, subsoil and headroom necessary to accommodate and support the kind of traffic contemplated by the dedication.

Act 4 William IV also contained power to divert and alter the course of public ways already made and when the new road was completed it would be in place of the old road. See also Closure of an Act 4 William IV Road.

Confirmation of road opening under Act 4 William IV will generally require the following publications in NSW Government Gazette:

  • Proposal (notification)
  • Confirmation and
  • Proclamation (opening)

Quarter Sessions roads

Quarter Sessions roads, usually 12 feet (3.655 metres) or 20 feet (6.095 metres) wide, were created by decisions of the Court of Quarter Sessions under the provisions of Act 4 William IV No.11 1883 which allowed for the compulsory opening of private access roads. These provisions were continued in the Public Roads Act 1897 and Public Roads Act 1902.

The Court could not grant access to more than 6.095 metres in width after which the road was marked out in accordance with the Courts direction. The road was for private access similar to a right of way and many developed public status through use and by absorption into roads of greater width. There was no divesting in fee except for the surface right only.

Provision for the opening of a Quarter Sessions road ceased on 18 October 1968. The Roads Act 1993 provides that any road that was a Quarter Sessions road immediately before 1 July 1993 is now dedicated as public road. When closed, these roads do not vest in the adjoining owner.

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

Publication Date: October 2024