Posted on July 19, 2018 by Frances Tse and Katie Mortimer
Changes to the Roads Act by the new Crown Lands Legislation
When the Crown Land Management Act 2016 (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act 1993 (Roads Act) were amended.
Significantly, the Roads Act now distinguishes between ‘council public roads‘, being public roads for which a council is the roads authority, and ‘non-council public roads‘. Local councils may now close council public roads in certain circumstances. Previously public roads could only be closed by the Minister administering the Roads Act.
As we previously blogged, key changes to the Roads Act caused by the commencement of the CLM Act are:
| New section | Change |
| 38A – 38E | New provisions governing the closure of council public roads by local councils themselves |
| 38F | Appeal rights to the Land and Environment Court relating to a council’s closure of a council public road |
| 108 – 110 | New powers for the Crown Lands Minister to direct persons to undertake specified actions on Crown roads, and make contributions towards repairs and maintenance on Crown roads |
| 152A – 152J | New provisions simplifying the process for the sale and disposal of Crown roads |
Relevant savings and transitional provisions
Provisions of the Roads Act that were in force before 1 July 2018, continue to apply:
- for a period of 3 months (that is, until 30 September 2018) – in respect of a proposal by the Minister to close a public road, if the public notification that was required had already occurred and submission period had ended before 1 July 2018, and
- for a period of 12 months (that is, until 30 June 2019) – in respect of Crown land forming part of a former public road that is sold, if the contract for the sale was entered into before 1 July 2018.
Supporting Regulations
The Crown Land Management Regulation 2018 (CLM Reg) fully commenced on 1 July 2018 to support the CLM Act. The CLM Reg does not contain any provisions relevant to the amended Roads Act.
Separately, the Roads Amendment (Incomplete Crown Road Purchases) Regulation 2018 also commenced on 1 July 2018 and inserted provisions in the Roads Regulation 2008 which:
- prescribe additional authorities that must be notified for the closure of a council public road, and
- deal with the sale of Crown roads by the payment of purchase price instalments.
Should you wish to discuss the changes, please contact Frances Tse, Special Counsel on 8235 9711 or by email, at frances.tse@lindsaytaylorlawyers.com.au.
Leave a comment
in focus comments policy
LTL welcomes your feedback and comments on our posts. all comments, however, will be moderated and we reserve the right not to publish any comment for any reason.
LTL in focus is primarily designed for public sector and development professionals dealing in the fields of planning, environment and government. you may, therefore, wish to consult your organisation’s social media policy before you post any comments. it should go without saying that we expect all comments to maintain a level of respect and professional courtesy.
In making a comment you are required to provide your email address, this will not be published on the site. if the moderator chooses to publish your comment, the name you provide will be published with your comment – it is your choice whether you provide your full name or just your first name. if you provide your full name, we may seek to verify your identity prior to publication of your first comment. If you wish your comment to be directed only to the author or moderator please make that clear – marking it NFP or Not For Publication is the easiest way. thank you for your support and happy reading – matthew mcnamara, ceo.