Steps toward reopening Congo Road north

Eurobodalla’s councillors have an opportunity next Tuesday to endorse a plan that could see Congo Road north reopened.

A short por on of the road that runs through private property was closed by the landowner in November 2021 ci ng poten al liability issues, leaving Congo Road south the single entry and exit to the village.

Residents sought Council’s support to reopen a northern access, and since November 2022 Council has been working with Crown Lands to find a solu on. The plan before Council at its mee ng on Tuesday 23 May relies on transferring ownership of a “paper road” – a road that legally exists “on paper” but has not been built.

The paper road runs through the private property but is owned by Crown Lands, who are sugges ng ownership be transferred to the Council.

Sec ons 18-21 of the Roads Act offers a path for Council, as the road authority, to define the boundaries of the paper road over the exis ng “track in use”.

If the boundary defini on process was completed, Council would be the legal owner of the track in use and the exis ng road could be reopened.

Reopening the road would require removal of nine trees that pose a liability to 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 Council to endorse the plan to proceed with ac ons to define the boundaries of Congo Road North.

Council has received legal advice that confirms it is open to Council to use sec ons 18-21 of the Roads Act 1993 to iden fy the boundaries of the public road in accordance with the recommenda ons of Crown Land.

Councillors have been briefed on the ma er, and the private property owner has been advised directly of the plan.

The Council report notes this solu on is the most cost-effec ve way to reopen a northern access, as well as having least environmental impact.

No compensa on is payable for any loss or damage arising from the opera on of sec on 21 of the Roads Act 1993. The Land Acquisi on (Just Terms Compensa on) Act 1991 does not apply because Council is not acquiring the land but is instead redefining the boundaries of the unsurveyed road reserve over the exis ng formed track in use. Costs to complete the required survey work will be shared between Council and Crown Lands.

If Council endorses the plan, steps toward reopening the road are:

1. Council applies to Crown Lands to transfer the undefined Crown Road to Council so that Council becomes the road authority.

2. Council causes surveys to be undertaken to iden fy the boundaries of the public road over the formed “track in use” under sec ons 18-21 of the Roads Act

3. No ce of the proposed boundaries is published for public comment

4. Council considers any public submissions and whether to approve the survey plan, either with or without altera on

5. Lodge the survey plan with NSW Land Registry Services for registra on.

6. Before reopening to the public, the road would need to be graded and some trees removed to meet Council’s insurance requirements.

Council es mates this process might take six months or more to complete.

The full report to Council is available on Council’s website Agendas and minutes | Eurobodalla Council (nsw.gov.au) and background informa on can be found at www.esc.nsw.gov.au/congo

TILBA WOODWORK SHOW Bate St, Central Tilba Halls June Long weekend – June 10 & 11

Love hand-made? Love the look of beau fully cra ed mber? Then the annual Tilba Woodwork Show is for you. The Central Halls on the main street of Central Tilba hosts the 27th exhibi on of fine woodwork cra ed by ar sans from north of Batemans Bay to south of Bega. Exquisite handcra ed items will be both on display and for sale, ranging from small toys to cu ng boards and serving pla ers, from fine jewelry boxes to pens, bowls - both func onal and decora ve, and much more. Come and watch the magic of wood turners at work on the lathes, and stroll through the Exhibi on Hall and vote for your favorite piece on display.

In addi on, the Dalmeny Quilters will once again be special guests and will have a display of their intricately designed quilts and other handmade items, most of which will be for sale.

Enter the raffle for the opportunity to win a variety of great prizes. The entry fee is $2.00 per adult and for children under the age of 16 entry is free.