Statutory process for closing and purchasing roads

The NSW Department of Planning and Environment processes Crown road purchase applications under provisions in the Roads Act 1993.

This table outlines approximate timeframes for the statutory processes, starting from the date the department commences the application, not from the date of receipt.

Applicants should be aware that the timeframes below are an estimate only. They do not include time to negotiate a resolution for affected parties or other unforeseeable delays.

Steps

Estimated timeframe

Description

Department commences application

1 week

Initial investigation of the road purchase application

Detailed investigation

4 weeks

Assessment including property ownership, access, Crown road status

Preparation for advertisement and referencing documents and diagrams

Notification of proposal to sell Crown road

6 weeks

This timeframe includes the 28-day submission period

Submission assessment^

6 weeks

Consider submissions and contact affected parties for further information if required

Decision

4 weeks

Decision by the delegate of the minister administering the Crown Lands Management Act 2016 to dispose (sell) or retain the Crown road

Agreement to purchase Crown road

4 weeks

This timeframe allows the applicant to consider and respond to the agreement before returning the signed contract for sale

Invoice for road purchase

4 weeks

The applicant receives an invoice that must be paid within 4 weeks, and pays Stamp Duty* directly to Revenue NSW

Drawing, approval and lodgement of plan

3 weeks

This timeframe will extend where a survey plan is required or where easement documents require signatures of affected parties

Plan registration*

3–4 weeks

This timeframe may change and is dependent on NSW Land Registry Services processes

Transfer form

2–4 weeks

This timeframe allows the applicant to receive, sign and return the transfer form

Registration of transfer of ownership*

4–6 weeks

This timeframe may change and is dependent on NSW Land Registry Services processes

Statutory process complete

41–46 weeks (10–11 months)

Processing times are an estimate and are affected by mediation of submissions

* Processing times are an estimate and are affected by response timeframes from external agencies and third parties