Roads within or adjoining National Parks
The location of a road as it transits or borders Crown Title land dedicated as a national park is rarely defined in a plan of survey on public record. In many cases the road as constructed has little relevance to the road cadastral boundaries (if any) that are shown in the CRV.
In order to easily resolve these issues NPWS has enacted s.10 National Park Estate (Southern Region Reservations) Act 2000 whereby the common boundary between national park estate land and public roads and/or State Forest land may be adjusted by the publication of an appropriate notice in the Government Gazette. Following the gazettal any land which forms part of the road as constructed is vested in the relevant road authority and any piece of unformed road ceases to be public road, is divested from the road authority and becomes part of the national park estate [s.10(9)]. The gazette notice makes reference to a deposited plan that defines the parcels concerned.
The deposited plan defining these sites must:
- Be a plan of survey prepared by a registered surveyor and lodged in LPI as a deposited plan. A compiled plan will only be accepted if the parcel meets the Compiled Plan Guidelines or a specific exemption from survey has been issued by the LPI Plan and Title advisor.
- Show the relevant parcels as lots, together with full dimensions and areas.
- Wherever possible tie the new lots into the cadastral network by connecting to appropriate permanent survey marks.
- Comply with the Surveying and Spatial Information Regulation 2012.
- Bear an appropriate statement(s) indicating which lots are to be vested as road and which lots are to be vested as part of the national park estate.
On registration, dummy folios of the register will be created for the lots in the plan:
Land comprises road fee is Crown Title
Land comprises part national park estate fee is Crown Title.