Road has been defined as:
- 'a highway for traffic' - a public road on which all have a right to pass and
- 'a right to passage along a certain route and the physical substance supporting the passengers'.
'Road', in its legal sense, applies to all types of thoroughfares e.g. roads, lanes, pathways. The Roads Act 1993 does not specify any minimum widths, which would distinguish lanes or pathways from other public roads. A site is a road if persons, other than the owner, have a right of passage which cannot be terminated at the will of the owner. Road includes:
- the airspace above the surface of the road
- the soil beneath the surface of the road and
- any bridge, tunnel causeway, road-ferry, ford or other work or structure forming part of the road.
Roads can be separated into several categories:
Private roads
A road restricted in use to a limited class of person (i.e not to all members of the public) or to a limited period of time.
Roads depicted in private subdivision plans dated prior to January 1920 are treated as private roads unless subsequently vested in the council as public road.
Where a private road is not vested as a public road, the fee remains with the original landowner - see Right to show frontage.
Public roads
A road opened or dedicated for the free right of passage of the public on foot, in a vehicle, or otherwise, (together with the right to drive stock or other animals along its length) is declared to be a public road for the purposes of the Roads Act 1993 or any other Act. When considering the status of public road consideration must be given to section 32B and section 145 Roads Act 1993.
Crown roads
A public road under the care and control of the Minister administering the Crown Land Management Act 2016 remains Crown Land. Crown roads include Crown Portion boundary and reserved roads.
Further informationabout Crown roads is available on the 'Crown roads' page and the Crown Lands Website.
Applicable Legislation
The Roads Act 1993 commenced on 1 July 1993 and superseded the roads provisions of the Crown and Other Roads Act 1990, the State Roads Act 1986, the Local Government Act 1919, the Public Gates Act 1901, the Width of Roads and Lanes Act 1902 and the Traffic Safety (Lights and Hoardings) Act 1951.
It sets out procedures for opening and closing public roads, and for selling Crown roads without the requirment for closure. The Roads Act 1993 also establishes the authorities responsible for roads, i.e. Transport for NSW (formerly the Roads and Maritime Services (RMS)), the council of a local government area, Lord Howe Island Board, the Minister administering the Crown Land Management Act 2016 or any other specified public authority.
Key provisions include:
- road opening/closing applications made before 1 July 1993 will continue under the provisions of the prior Act which created them
- road openings in accordance with Part 2 Division 1 Roads Act 1993 by councils will be lodged with NSW LRS
- only a roads authority may close a road. Applications must be made to Crown Lands:
- closure of non-council public roads (other than a freeway) is undertaken by the Minister administering the Crown Land Management Act 2016
- closure of council public roads is by the relevant council
- closures of a freeway are undertaken by Transport for NSW
Road authorities
A road authority is responsible for the functions conferred on it by the Roads Act 1993 and any other Act or law. The Roads Act establishes who the relevant roads authority for the different categories of roads, see sections 7, 145 and 146 Roads Act 1993. Road authorities include:
Local councils
The local council is the roads authority for all public roads within its Local Government area, except for any freeway, Crown road, or any public road declared to be under the control of some other authority e.g. the Place Management Authority (formerly the Sydney Foreshore Authority). The public roads are vested in fee simple in the local councils see section 145(3) Roads Act 1993.
Minister administering the Crown Land Management Act 2016
The Minister administering the Crown Land Management Act 2016, is the roads authority for all Crown roads. All Crown roads and all public roads outside a local government area, except for freeways, are vested in fee simple in the Crown as Crown land, see sections 145(2) and (4) Roads Act 1993. This includes public roads in the unincorporated area in the Western Division of the State.
Lord Howe Island Board
All roads on Lord Howe Island are administered by the Lord Howe Island Board. See section 263 Roads Act 1993.
Transport for NSW (formerly Roads and Maritime Services)
On 1 December 2019, Roads and Maritime Services and Transport for NSW joined together to create one integrated Transport for NSW. Freeways are vested in fee simple in Transport for NSW see section 145(1) Roads Act 1993 and schedule 1 Transport Administration Act 1988.
Specified public authorities
A public authority can be declared to be the roads authority for a specified public road, or for all roads within a specified area, except for a freeway or a Crown public road. Examples of public authorities that are declared to be the road authority for the land under their control include:
Schedule 1 Roads Regulation 2018 sets out the roads authorities for the purposes of the Roads Act 1993.
Transfer of public road to another Roads Authority
The responsible Minister may, by an order published in the Government Gazette, transfer a public road (other than a Crown road) from one roads authority to another. Such an order may not be made without the consent of both roads authorities. See section 150 Roads Act 1993 and the Dictionary in the Roads Act. A Request form 11R is required to effect the transfer on title.
Classification and status of roads
The requirements for the classification of roads are incorporated in Part 5 Roads Act 1993. Before a road can be classified, consultation between the various road authorities must have occurred in compliance with the Act.
The responsible Minister may, by an order published in the Government Gazette, declare any public or private road as a Classified Road. These include:
- main road (a public road or any other road that is declared to be a main road and passes through public open space and connects to another main road, a highway (previously known as State Highways), freeway, tollway or controlled access road, see section 46 Roads Act 1993)
- highway (a main road that is declared to be highway which is a principal avenue of road communication within the State, see section 47 Roads Act 1993)
- freeway (a main road that is declared to be a freeway and is designed to facilitate the free and unhindered movement of motor traffic. Motorways are included in this classification. All freeways are vested in fee simple in Transport for NSW, see section 145(1) Roads Act 1993) and Schedule 1 Transport Administration Act 1988). The same applies for motorways)
- controlled access road (a road with access restricted from adjoining roads and parcels over some or all its boundaries, see sections 49 and 67 Roads Act 1993)
- secondary road (a public road that is declared to be a secondary road and which, by carrying a substantial amount of through traffic, relieves a neighbouring main road of traffic, see section 50 Roads Act 1993)
- tourist road (a public road or any other road that passes through public open space that is declared to be a tourist road and will facilitate access to places visited mainly by tourists, see section 51 Roads Act 1993)
- tollway (a road owned by Transport for NSW and designed to facilitate the free and unhindered movement of traffic. A public road that is declared to be a tollway ceases to be public road by virtue of the declaration. A tollway has no right of public frontage and access from other roads is usually restricted, see section 52 Roads Act 1993)
- transitway (the Minister may by order declare any public road, any road that is owned by TfNSW and is designed to facilitate the movement of vehicular traffic, or any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased, or controlled, by TfNSW, see section 52A Roads Act 1993)
- state works (any public road or structure (bridge, tunnel, road-ferry) which because of its size, nature, location or importance the Minister considers should be the responsibility of the State, see section 53 Roads Act 1993)
NOTE: The classification of a road does not affect the road authority in which it is vested. For example, all public roads (except freeways and Crown roads) are vested in the lappropriate roads authority regardless of their classification.
Consents to road definition
For information on consents to road definition see Boundary consent and approvals page
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Publication Date: June 2025