Transfer a Crown Road to Council

Crown Road Reserves are administered by the NSW Department of Industry, Planning and Environment – Land and Water (NSW DPIE). Council does not manage or maintain Crown road reserves.

Council may receive an Applications from Landowners to Transfer a Crown Road to Council as the controlling authority when a road reserve is required for legal access to a property, a development application, or is a Council maintained road still under Crown control, prior to commencing any physical construction on Crown roads.

All Applications to Transfer a Crown Road to Council are considered in conjunction with Council’s Unmaintained and Unformed Roads Policy.

Council will progress an Application to Transfer a Crown Road to Council control provided the Crown road reserve meets the following criteria:

• A Crown road reserve has a road constructed on it that is maintained by Council; or
• A Crown road reserve that is not maintained by Council is required because it provides the only legal and physical means of access (see Considerations and Exceptions below).
• Is required as part of a Development Application. 

Council must be satisfied prior to consenting to any Application to Transfer a Crown Road to Council that there are no fencing encroachments, obstructions (buildings/dams etc), enclosure permits (issued by Crown Lands), or misaligned roads. 

Under the Crown Lands Management Act 2016, NSW Department of Industry, Planning and Environment – Land and Water, has a legal responsibility to ensure the use of the public land, including roads, is authorised and any anomalies should be resolved prior to transfer. 

Council will request that Crown Lands rectify any issues identified with the road prior to Council considering acceptance of the transfer.

A Road Transfer Application takes approximately 6 months and can take longer if there are encroachments or obstructions on the Crown road reserve that require rectification.

Urgent applications can be made but will still take approximately 4 months for Crown Lands to finalise. 

By completing this Application to Transfer a Crown Road to Council, I understand that this matter may take approximately 6 months to complete.