SPP-13 Roads

2. Parcel Identifiers

Roads and road widenings that dedicate automatically on approval of a Plan of subdivision do not require parcel identifiers except where the former tenure is Crown land and staged approval is necessary (e.g. if Native Title rights exist).

Under the Land Administration Act 1997 (LAA) all actions relating to Crown land must be registered to be effectual (section 19). The registration process under the Transfer of Land Act 1893 (TLA) is specific: i.e. ‘original instrument to be entered in the Register on the certificate and the original sealed’.

Except for those roads that are created on a Crown Plan of subdivision under section 27 of the LAA (see plan example 53), all Crown Plans of survey or sketch Plans that are prepared for road purposes (both creation and closure) will require the allocation of a parcel identifier and CLT number. This is to enable the registration of Dedication/Closure Orders or any further actions against the road (e.g. leasing etc.) See SPP-11 Specific Plan Purposes Section 11 for plans of roads for registration of easement crossings.

To allow the registration of easements and infrastructure corridors over roads a process has been introduced where Deposited Plans are lodged showing parcel identifiers (lot numbers) allocated to sections of existing road. These Plans also include any interests that are being brought forward (usually Crown easements) and any new interests being created using that Plan. Refer SPP-11 Specific Plan Purposes Section 11.

3. Connections Across Roads

See SPP-09 General Drafting Practices Section 25

4. Road Widenings

Road widenings that involve Freehold Land must be done on a Plan with a purpose ‘subdivision’, where the balance lot must be shown. See plan examples 3, 4, 13, 15, and 56.

A road or road widening may be the sole subject of a Plan if a large tract of Crown land is involved as the residue. (See SPP-11 Specific Plan Purposes Section 3.) Refer to SPP-11 section 3 under ‘Roads and Road Widenings from Extensive Freehold Parcels’ for possible residue land solutions for exceptional situations involving Freehold land.

On even truncations the angles to the truncation line may be omitted if the intersection angle and set-back distances are shown. New truncations created must show details of the original alignments.

5. Closed Roads

To facilitate the registration of a road closure and any subsequent actions, a parcel identifier will need to be allocated. All actions relating to Crown land must be registered to be effectual under the Land Administration Act 1997 (LAA).

Instructions will be issued with the survey/drafting contract indicating the requirements with regard to closure. See plan examples 55 and 101.

If the sole subject of the plan is to cause the road closure then the purpose of the plan will need to be:

‘ROAD CLOSURE’.

Where the closed road is being amalgamated into adjoining land the Plan purpose will be ‘Crown Land Amalgamation’ (except where the closure is being incorporated into a subdivision – in which case the Plan purpose will be ‘Subdivision’) and the graphic area is to include an inset showing the closed road. The Plan heading is to state the outcome – the new lot/s being created. Separate parcel identifiers and areas are to be shown if disposal is to more than one land parcel. Refer SPP-11 Specific Plan Purposes.

Where, as the result of a road closure the width of the remaining road casement has been altered the opposite side of the road covering the extent of the closure must be shown. Connections across the road must be shown clearly identifying the residual road width (this may require calculation utilising original data). This is required in order to ensure the graphic depiction of all road widths and to avoid the searching of field notes.

Easements may be shown over closed roads for immediate alienation.

6. Road Casement Surveys by Limited Marking

Refer APX-01

7. Dedication of Bridges as Public Road

Under Executive Minute 1/97 (see  APX-02) bridges and the associated support structures and land on which the structures rest are depicted for dedication as public roads on three dimensional Plans in alternative ways:

• Description on the Plan, of the bridge surface, supporting structure, and underlying land, defined by Reduced Levels (RLs) referenced to the Australian Height Datum (AHD). The extent of the underlying land dedicated may vary from case to case. In some instances it may be appropriate to dedicate the entire strip, while in other cases, the bridge footings only may be dedicated (so as to minimise interference with another agency’s management of the underlying land).
• Description on the Plan of a three-dimensional airspace, vertical elevations defined by RLs and related to the RL of the underlying land, referenced to the AHD. Horizontal extremities of the airspace parcel will normally show connections to adjacent land parcels.

The first alternative is the preferred course. The second alternative is available where it better meets particular circumstances (e.g. the bridge structure rests on the perimeters of a channel with no intermediate support structures).

Having regard for management issues in relation to the bridge, road surface and underlying land, the decision in relation to the choice between the alternatives outlined above will be reached in consultation with the relevant management bodies and instructions as to the preferred alternative issued with the survey/drafting contract.

8. Mall Reserves

Section 59 of the Land Administration Act 1997 (LAA) provides for the creation by Ministerial Order, of a reservation under section 41 for the purpose of ‘Mall Reserve’. The Order will close any existing underlying road and together with any unallocated Crown land within the Mall Reserve boundaries create the reservation.

The Plan prepared for the parcel identifying the reservation must have a parcel identifier. Any underlying road is automatically closed by registration of the Order that creates the reservation.

Upon cancellation of the reservation the parcel identifier allocated to the reservation area will cancel and the road that existed prior to the reservation becomes dedicated as if the reservation had never existed.

Where Mall Reserves are to be created over an existing dedicated road a compiled Crown Plan may need to be drawn (e.g. where more than one Plan creates that road). Each particular case is to be treated on its merits.

9. Public Access Routes

Section 64 of the Land Administration Act 1997 (LAA) allows for the Minister to provide the public with access through Crown land to an area of recreational or tourist interest.

For all intentional purposes a Public Access Route (PAR) is to be treated as an easement granted by the Minister under section 144 of the LAA in favour of members of the public generally.

These ‘interests’ over land are usually for access for tourist sites and will be treated as de facto easements. They will be depicted on a Crown Plan with a purpose of ‘Easement’.

10. Protected Roads

Protected Roads which were created under the Road Districts Act prior to 1960, and shown on any Landgate plan, are deemed to be Public.

For research purposes the likely date of creation of pre-1960 protected roads may be ascertained from the superseded/cancelled Public Plans held in secondary storage by Landgate.

Protected Roads created since 1960 are shown through reserves and UCL only as an indication there is a constructed road in that approximate position. Its purpose is to assist future subdivision over the area and to indicate the presence of a road in the event of an enquiry over the land. The road is not deemed to be Public unless dedicated or surveyed on a certified/approved Landgate Plan.

Protected Roads through State Forest are not recognised. A road through State Forest is either a part of the State Forest under the control of the Department of Environment and Conservation or a dedicated public road excluded from the State Forest.

11. Partial Taking in Strata Scheme

The survey of a ‘taking’, for road purposes, action involving a Strata Scheme requires the lodgement of a new Strata Plan defining the balance land in addition to the Deposited Plan depicting the taking. This lodgement is on behalf of the relevant authority as set out under section 29B of the Strata Titles Act 1985 (STA).

The new Plan sheets are to include a floor plan and a location plan to reflect the parcel and lot boundaries after taking. A variation to a Survey-Strata Scheme caused by a taking order requires an order by the District Court – see section 29 of the STA.

12. Road Dedication Stamps on Deposited Plans

As from April 2002 the practice of stamping road dedications on Freehold Deposited Plans was discontinued. This resulted in standard practices for both Freehold and Crown Deposited Plans.

As roads, road extensions and road widenings dedicate on the date that a Plan is approved it was believed unnecessary for the Plans to be stamped. The status of a Plan dictates the status of any roads depicted within the subject of the Plan. The date of approval of a Plan usually coincides with the date of any dealing on the Plan.

In most cases it is safe to assume that any roads depicted on approved Deposited Plans have been dedicated. This may not be the case with multi-parcel resumption/taking/acquisition Plans approved under the former regulation 44 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961.

Care should also be taken with Freehold Plans approved prior to 1960 as depicted roads may not have been dedicated. In these cases it is necessary to refer to the dedication stamps placed on the Plans.

13. Road Widths (see General Drafting Practices Section 23 also)

With the repeal the automatic dedication provisions of section 295 of the Local Government (Miscellaneous Provisions) Act 1960 and the introduction of section 168 of the Planning and Development Act 2005 the requirement for newly created Roads to be greater than 6 Metres wide has now been removed. Now the W.A.P.C. is responsible for approval of all roads widths.