Leases affecting roads

The Roads Act 1993 empowers a road authority to lease the airspace above or the subsoil below a public road. It also empowers a road authority in certain circumstances to lease the land comprising a public road (other than a Crown Road) see also Leases affecting roads page.

Note  The fee of the road that will be subject to the lease may be Torrens title, Old System or Crown title, depending on what year and by what means the road was dedicated to the public.

If the fee comprises Old System or Crown title it will be necessary to convert the land to Torrens title prior to registration of the new lease.