Where the re-definition of an existing road indicates differences with the original survey, it will be necessary to either:
- dedicate the site of the new road to the public and close the original road or
- redefine in a survey plan of redefinition the position of the road - see ss.18-21Roads Act 1993.
The intention of sections 18-21 Roads Act 1993 is to relocate public roads or Crown reserved roads if those boundaries have not previously been identified or if the survey marks used to identify those boundaries cannot be located or ascertained. The following principles apply:
- The road must be constructed and in use and the new definition must approximate the position of the original road ie the new definition must connect the same sides of the parcel and must not vary in other directions.
- The provisions cannot be used to create new roads or extend existing roads. All new roads must be opened in the usual manner pursuant to Sections 9 & 10 Roads Act 1993.
- The position of the existing road must not be able to be determined from the original plans (either due to poor marking or to no road traverse being shown on the original Crown plan). If the original Crown portion plan does define the reserved road by traverse, Sections 18-21 do not apply, and any inconsistency between the definition as set out in the traverse and the road as actually constructed may only be resolved by standard road opening and closure procedures.
- The reserved road must be internal to the parcel. The redefinition of the road must not redefine any exterior boundaries of the parcel or the boundaries of the adjoining parcels.
- The redefined road may be variable width in lieu of, for example 20.115 wide. It is standard practice for the surveyor to adopt the lines of existing occupations to define each side of the redefined road and this inevitably results in the new road definition being variable width. However the new definition should not significantly reduce the width of the road or encroach onto adjoining occupations.
The roads authority must give public notice of the proposed boundaries of the road and consider any submissions made prior to the final approval of the plan.
After the plan has been approved by the roads authority it must be lodged as a deposited plan in NSW LRS. The plan should be accompanied by evidence indicating that the requirements set out in ss.18-21 Roads Act 1993 have been satisfied. Following registration the boundaries shown on the plan are accepted as the correct boundaries of the public road.
Following registration the roads authority must:
- serve notice on the owner(s) of any adjoining parcels affected by the new road definition, and
- lodge a copy of the plan with the Valuer General, and the relevant council if that council is not the roads authority.
Any new deposited plan defining a road pursuant to Sections 18-21 Roads Act must comply with the following:
Evidence must be supplied indicating that the requirements set out in sections 18-21 have been satisfied. This is usually in the form of a statement endorsed on the plan:
The plan complies with the provisions of Clauses 18-21 Roads Act 1993
Authorised officer of ........Council pursuant to a
resolution of council dated .........
This evidence may also be in the form of a statutory declaration supplied by the road authority.
The heading of the plan should refer to:
Plan of road definition under Clauses 18-21 Roads Act 1993.
No subdivision certificate is required (as the plan only redefines the position of the existing road).
The signatures of all affected parties should be endorsed on the plan.
Act IV William IV roads
Where a road in a new plan is defined in a position which differs significantly from the plotted position as shown in the plan which confirmed the road under Act 4 William IV No.11, the following will be considered:
- the position of the ends of the road (as now defined) at the parcel boundaries in relation to the original road position
- continuity with roads in adjoining parcels and
- the road in use approximates the position of the existing road.
Note Where the land on opposite sides of the road is not in the same ownership, all affected owners should agree to the definition of the road.