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

Opening new public road

A public road may only be opened in accordance with the provisions of the Roads Act 1993 or some other Act - see section 8 Roads Act 1993. This does not bind the Crown.

These other Acts include (but are not limited to) the Place Management Act 1998, Sydney Olympic Park Authority Act 2001, Infrastructure NSW Act 2011 and Growth Centres (Development Corporations) Act 1974. The authorities constituted under these Acts may surrender land to the Crown for dedication as a public road.

Land may be dedicated as a public road in the following ways:

  • registration of a plan of subdivision (or other plan) bearing a statement of intention to dedicate specified land as public road - see section 9 Roads Act 1993. For more information see New roads created in a Deposited Plan page
  • publication of a notice in the Government Gazette dedicating as a public road, land held by a council or Transport for NSW (formerly Roads and Maritime Services), including land acquired under Division 1 of Part 12 of the Roads Act 1993 - see section 10 Roads Act 1993. Freeways are vested in fee simple in Transport for NSW (formerly RMS) see section 145(1) Roads Act 1993 and section 218 Transport Administration Act 1988. For more information see Acquisition by road authorities (not the crown) page
  • publication of a notice in the Government Gazette dedicating as a public road, land acquired by the Minister administering the Crown Land Management Act 2016 under Division 1 or 2 of Part 12 of the Roads Act 1993. The notice must declare whether or not the new road is to be a Crown Road - see section 11 Roads Act 1993
  • publication of a notice in the Government Gazette dedicating any unoccupied Crown land as a public road. The notice must declare whether or not the new road is to be a Crown public road - see section 12 Roads Act 1993
  • proclamation by the Governor dedicating as a public road any land owned by a public authority and used by the public as a road. The recommendation of the Minister responsible for the public authority is required - see section 13 Roads Act 1993.
  • publication in the Government Gazette of an acquisition notice in respect of land the subject of proposed road widening, obtaining public road status without further dedication - see sections 14 and 203 Roads Act 1993 and
  • land that has been set aside for the purposes of road in a subdivision of land effected before January 1907 (the date of commencement of the Local Government Act 1906) or registered by the Registrar General before 1 January 1920 (the date of commencement of the Local Government Act 1919), may be dedicated as public road by the publication of an appropriate notice in the Government Gazette - see sections 16 and 17 Roads Act 1993.

See also Acquisition for road purposes.


Opening of public roads prior to 1 July 1993 may have been by prescription, common law, memorandum or by local council.


Road opening by Transport for NSW by a notice published in the Government Gazette may vest land in Transport for NSW as public road.


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

 

Publication Date: October 2024