Eurobodalla councillors have voted that Council proceed with actions to define the boundaries of Congo Road North under sections 18-21 of the Roads Act 1993. that could see a northern access to Congo reopened.
In a report to Council the actions to proceed would "address the community desire to establish legal road access from the north to Congo"
In voting for the report recommendation to proceed Council will now apply to Crown Lands to transfer the undefined Crown Road that dissects Lot 197 DP752151 to Council so that Council becomes the Roads Authority.
The report to Councillors offers that Crown Lands suggested that the unsurveyed Crown Road be transferred from the Crown to Council (such that it becomes a public road for which Council is the roads authority) and that Council cause surveys to be carried out to identify the boundaries of the public road over the formed “track in use” (ie. Congo Road) that passes through Lot 197 DP752151, under sections 18-21 of the Roads Act 1993.
This process, if agreed to by all parties, and formally transferred, would enable Council to re-open the road.
Council advise in their report that they have received legal advice "that confirms it is open to Council to use sections 18-21 of the Roads Act 1993 to identify the boundaries of the public road in accordance with the recommendations of Crown Land".
The plan, however, relies on transferring ownership of a paper road – one that legally exist on paper but has never been built – from Crown Lands to Council.
Councillors were unanimous in their support of the plan to proceed the process. They had earlier heard six presentations from Congo residents, including a representative of Congo Community Association, all in support of the plan.
As well as the community consultation already undertaken, Council has informed the owners of Lot 197 DP752151, the Congo Community Association and members of the Congo Community who signed up to a mailing list, of this report prior to its publication.
The Roads Act also requires public notification of the proposed boundaries to occur and for Council to notify the affected landowner. After public notification Council is required to consider any submissions received.
The next steps to see the road reopened include the transfer of ownership and the road boundaries surveyed and published for public comment.
For more information on Congo Road, its closure and potential avenues for its reopening, visit www.esc.nsw.gov.au/congo.
For a detailed explanation of the full steps required to open the road, visit https://www.esc.nsw.gov.au/news-and-events/latest-news/2023/steps-toward-reopening-congo-road-north.
