Temporary public roads
A roads authority may, by notice in the Gazette, close a temporary public road, but only if the road does not give access to an isolated road see s.39 Roads Act 1993. Following publication of the notice the:
- temporary public road ceases to be a public road and
- rights of passage and access that previously existed in relation to the road are extinguished.
The road authority must lodge for registration a Request form 11R (PDF 31 KB) accompanied by a copy of the Gazette notice and the relevant Certificate of Title. On registration the temporary road notification will be deleted and replaced with a new notification relating to closure pursuant to s.39 Roads Act 1993. The title will remain in the name of the road authority.
A roads authority that closes a temporary road must take reasonable steps to notify the original subdivider, or the original subdividers successor(s) in title, of the fact of the closing of the temporary public road and of that person(s) right to the ownership of the land on which it was situated.
Where a closure has been made, the relevant roads authority is required, at the request of the subdivider or the successor(s) in title to transfer or convey the land to that person.
If no application is made within 5 years after the road closure, or if such an application is made but is rejected or withdrawn, the rights of the original subdivider, and of each of the original subdividers successors in title will cease see s.40 Roads Act 1993.
For more information see Request 11R: Roads in the Registrar General's Directions for Land dealings.