Applying for a road closure
Note: This content relates only to road closures under the Land Act 1994.
A road is any area of land that has been set aside by legislation for the use of the travelling public. Not all roads are currently being used by vehicles or pedestrians, and some may never end up being used for that purpose.
Roads can be closed permanently or temporarily.
Permanent road closures
An application for permanent road closure can be made by an adjoining landholder.
When a road is closed permanently, its status changes from 'road' to 'unallocated state land'. Depending on how the land is to be allocated, the area of road to be permanently closed may be:
- incorporated into the applicant's adjoining freehold or leasehold land
- included in an existing reserve or set apart as a new reserve
- dealt with by the issue of a term lease.
A separate deed of grant may be issued, although this option is rarely used in view of the planning requirements of local governments.
Sections of road can be closed to provide works for connecting overhead viaducts or underground tunnels for commercial purposes between two buildings; structures which will overhang a road; or carparks or buildings under or over a road.
Temporary road closures
An application for a temporary road closure may be made when dealing with:
- pipes for irrigation purposes that cross beneath the surface of the road
- water channels for irrigation purposes that cross the road.
The road is temporarily closed from the day a road licence issues over the road area.
An adjoining owner is defined as the registered owner of the property that shares a common boundary (i.e. contiguous, directly connected or without interruption).
For a road closure, an adjoining owner can apply for the area of road that immediately adjoins the property boundary, but not any part of the road that continues in either direction beyond the property boundary.
If a road is a ‘dead end’ and the property boundary only adjoins on the end and does not extend along the road, the owner is not considered an adjoining owner for a road closure application. For clarity, a person who has limited frontage to the road cannot apply for closure of the entire length of the road.
Clark Street: The maximum area the registered owner of Lot 4 on SP123456 can apply for is Area A: 20m x 60m.
Note: In Clark Street, the registered owner of Lot 10 on SP123456 is not considered an adjoining owner for a road closure application due to the limited road frontage.
Kent Street: The registered owner of Lot 7 on SP123456 can apply for Area B: 10m x 150m.
Kent Street: The registered owner of Lot 8 on SP123456 can apply for Area C: 10m x 200m.
Under section 420B of the Land Act 1994 the chief executive may keep guidelines about the making of applications.
The following is the minimum requirement that applies to an application to close a road under section 99 of the Land Act 1994. If you do not provide the below information or the forms are incomplete then your application will not be accepted.
You will also need to meet the requirement of an ‘adjoining owner’ for a road closure application.
Your application must include:
- these completed forms
- a drawing (minimum size A4) which includes the following information
- general location including your land
- area of road to be closed
- lot on plan information
- a north point
Note: The Queensland Globe may assist you in compiling this drawing.
- payment of the application fee
- a copy of a Dial Before You Dig enquiry confirmation sheet (free service) verifying if there is any public utility infrastructure located on the road area applied for.
Your application must be lodged via:
- email: SLAMlodgement@dnrme.qld.gov.au
- post: Department of Natural Resources, Mines and Energy, PO Box 5318, TOWNSVILLE QLD 4810 or
- in person at your local DNRME business centre.
If a fee applies to your application, payment options are cash (in person only), EFTPOS (in person at some centres only), cheque (in person or by post), or credit card.
Cheques should be made out to the 'Department of Natural Resources, Mines and Energy' and marked 'not negotiable'.
Credit card payments are accepted in person or over the phone.
We will send you a receipt once we have established that your application meets all requirements and has been properly made.
You are encouraged to contact your nearest business centre to arrange a pre-lodgement meeting. This meeting is intended to clarify the application requirements and therefore prevent any unnecessary delays. It will also cover the process, timeframes, costs and the quality of information necessary to properly assess the application.
If you have any questions about your application or payment email SLAMlodgement@dnrme.qld.gov.au or call (07) 4447 9179.
Public notice requirement
To assess local community opinion about a proposed closure, a public notice is required (e.g. advertisement in a local newspaper, signs erected on the land). We will provide details once you have lodged your application.
How your application is assessed
We will assess your application against legislative requirements and our own policies, procedures and guidelines. We will seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.
Policies and legislation
Our review will also include an assessment of whether native title issues need to be addressed, and how this should be done. Depending on the outcome, you may be required to address native titles issues as a condition of the offer.
What happens next?
Once we have received the advice of other stakeholders and all issues, including native title, have been investigated, we will send you a written notice.
If your application is successful, a written offer will set out the various conditions and requirements. You must complete the acceptance form and return it to us by the date specified or the offer will lapse.
If an area of closed road is to be included into the adjoining land, a survey plan of the road will be required. The survey status of the adjoining land will also need to be maintained.
The costs involved in closing a road will depend on how the land is to be allocated. They could include payments for:
- purchase price, including GST
- first year's rent
- stamp duty on the sale
- lodgement of a plan of survey, if needed
- regulatory fees and charges.
Once you have accepted the offer and satisfied all offer conditions, we will take action to close the road, and notify you that the road has been closed.