Roads
Under the Land Administration Act 1997 (LAA) (external link), there are two types of roads. The LAA defines each type as follows:
Roads - being land dedicated at common law or reserved, declared or otherwise dedicated under an Act as an alley, bridge, court, lane, road, street, thoroughfare or yard for the passage of pedestrians or vehicles or both.
Private roads - an alley, court, lane, road, street, thoroughfare or yard on alienated land or a right of way created under section 167A of the Transfer of Land Act 1893 (external link) which is not dedicated (under either written law or at common law) for use by the public but is shown on a plan or diagram deposited or shown in an instrument lodged with the Registrar of Titles.
Legislative overview
Part 5 of the LAA provides the current primary legislative basis for the creation/dedication of roads and closure of roads and private roads in Western Australia.
The Main Roads Act 1930 (MRA) also contains a legislative framework for roads, but more particularly in relation to highways, main roads and secondary roads. Section 53 of the LAA provides that the MRA prevails where there is any inconsistency between the LAA and that Act.
Our role
Road closure and disposals
The Department for Planning and Infrastructure (DPI) considers the future disposition of the land in the closed road, arranges any easements and survey/graphic requirements, and undertakes conveyancing.
Road creation
For roads created from State land or acquired from freehold land, the Department for Planning and Infrastructure (DPI) works closely with local government to ensure documentation for creation of a road is complete.
Upon completion, DPI:
- ensures Western Australian Planning Commission approval has been obtained, where applicable;
- checks compliance with LAA;
- performs tenure search and historical tenure search;
- consultation with relevant interest holders, management body/statutory vestee, public and private utility service providers are agreeable to the dedication of the land as a road;
- checks that the Department of Industry and Resources and the Land Access Minister to the Dampier to Bunbury natural gas pipeline have agreed to the construction of the road;
- undertakes necessary future act processes under the Native Title Act 1993 for the land; and
- consider the request and makes a recommendation on behalf of the Minister for Lands.
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Administration and management procedures and practices
If any action is required in relation to a private road or road, an appropriate search must be made at Landgate (external link) to determine its tenure, management provisions and whether or not there are encumbrances affecting the land the subject of the private road or road.
Also, it is likely that public and private utility service providers will have overhead or underground installations located within a road corridor, for example power lines, gas mains, telephone cabling, water and sewerage mains. Contact needs to be made with all public utility service providers to advise them of any change in tenure to the road and obtain their comments and/or agreement to any tenure changes.
Chapter 5 of the Crown land administration and registration practice manual provides detailed information on road creation, closures and disposals, including:
- roads and private roads;
- pedestrian access ways and rights of way;
- State land rights of way;
- protected roads;
- dedication of roads;
- closure of private and public roads;
- mall reserves and public access routes; and
- registration documents and process.
Chapters 1 and 2 should also be referred to.
In addition, the Department for Planning and Infrastructure has produced brochures on creating a road and road closures and disposals. The brochures provide summary information on:
- road ownership and management;
- how roads are created and alternative ways to secure access;
- initiating closure of a road, pedestrian access-way or right-of-way;
- fees and charges; and
- role of the Department for Planning and Infrastructure.
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