Roads & Highways: An explanation of the terms Road and Highway:

The term “road” means a corridor of land shown on a map or plan that may or may not be constructed or open to the public for access purposes. Unmade road lines are either private land or reserved crown land.

The term “highway” means a corridor of land maintained by the state or local highway authority and open for continuous use by the public.

There are two categories of highways in Tasmania, being “state highways” that are maintained by the state highway authority and “local highways” that are maintained by local municipal councils.

Can a person construct a highway?

A private land owner may open a local highway with the consent of his or her local municipal council-

If a corridor of land has previously been set aside for a road, a land owner will need to utilize the provisions of Part II, Local Government (Highways) Act 1982

If a corridor of land is being created as part of an approved plan of subdivision, a land owner will need to utilize the provisions of Part 2, Local Government (Building and Miscellaneous Provisions) Act 1993.

With regard to opening a highway, in general terms a land owner will need to –

Submit design plans and specifications to council for approval

Construct the road at his or her cost

Maintain the road for a statutory period

Obtain a certificate of completion from Council.

Upon completion, the road line then becomes a highway maintainable by council as part of the public municipal road network.

There does not appear to be any legislative mechanism for a private land owner constructing a highway to gain contributions from other adjoining land owners who may be provided with additional access or benefit from the new highway.

Constructing an unmade road line for access purposes

It may be possible for a person to gain access over an unmade road line with the consent of the corridor land owner. The consent would normally involve the construction of a private access track or roadway as required.

In the case of a crown reserved road line, a licence or right of way must be applied for and granted by the department administering the Crown Lands Act 1976 (presently the Crown Land Services Division, DPIWE).

In the case of a privately owned road line, a licence or right of way must be sought from and granted by the corridor land owner.

The access rights granted in these types of agreements would not normally provide legal frontage for subdivision purposes.

SIMPLY:

In general terms we see roads being constructed by local developers at there cost, then being transferred to the local Council after a short maintenance period, to then become the Council’s responsibility.

Reserved Roads are Crown land and a licence must be obtained before construction or use can take place.

HOW WE ASSIST:

We have the knowledge and expertise to advise on the status of ‘roads’ and what is required to obtain the right to use such corridors.