Eurobodalla councillors will vote on a plan which could see Congo Road north reopened.
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A short portion of the road that runs through private property was closed by the landowner in November 2021 citing potential liability issues, leaving Congo Road south the single entry and exit to the village.
At a council-led workshop in November 2022, residents expressed their strongest desire was for northern access to Congo to be reopened and, since then, the council has been working with Crown Lands to find a solution.
The plan before the council relies on transferring ownership of a "paper road" - a road that legally exists "on paper" but has not been built.
Such "paper roads" are not uncommon in rural NSW and most were established in early settlement of NSW.
The Department of Planning, Industry and Environment is responsible for the administration of Crown roads.
There is a paper road in Congo running through the private property but is owned by Crown Lands.
The Department is not required to undertake work to maintain the roads. Instead, Crown Lands are suggesting ownership be transferred to the council.
Under Sections 18-21 of the Roads Act, the council, as the road authority, can act to define the boundaries of the paper road over the existing "track in use".
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If the boundary definition process was completed, the council would be the legal owner of the track in use and the existing road could be reopened.
Reopening the road would require removal of nine trees that pose a liability to the council as the road authority, the same issue that caused the property owner to close the road in 2021.
The first step, however, is for the council to endorse the plan to proceed with actions to define the boundaries of Congo Road North when the councillors vote on the matter at their meeting on May 23.
A spokesperson for Eurobodalla Shire Council said the council had received legal advice confirming it was open to the council to use sections 18-21 of the Roads Act 1993 to identify the boundaries of the public road in accordance with the recommendations of Crown Land.
The spokesperson confirmed councillors had been briefed on the matter, and the private property owner had been advised directly of the plan.
The council report notes this solution is the most cost-effective way to reopen a northern access, as well as having the least environmental impact.
No compensation is payable for any loss or damage arising from the operation of section 21 of the Roads Act 1993. The Land Acquisition (Just Terms Compensation) Act 1991 does not apply because the council is not acquiring the land but is instead redefining the boundaries of the unsurveyed road reserve over the existing formed track in use.
Costs to complete the required survey work will be shared between the council and Crown Lands.
If Council endorses the plan, steps toward reopening the road are:
- Council applies to Crown Lands to transfer the undefined Crown Road to Council so that the council becomes the road authority.
- Council causes surveys to be undertaken to identify the boundaries of the public road over the formed "track in use" under sections 18-21 of the Roads Act
- Notice of the proposed boundaries is published for public comment
- The council considers any public submissions and whether to approve the survey plan, either with or without alteration
- Lodge the survey plan with NSW Land Registry Services for registration.
- Before reopening to the public, the road would need to be graded and some trees removed to meet the council's insurance requirements.
The council estimates this process might take six months or more to complete.
The full report to the council is available on Council's website Agendas and minutes | Eurobodalla Council (nsw.gov.au) and background information can be found at esc.nsw.gov.au/congo
