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Roads

Applying for simultaneous closure and opening of a road

Registered owners, trustees of trust land, leaseholders and their legal representative can apply for simultaneous road closure and opening. The Department of Transport and Main Roads or a local government may also apply on their behalf.

This application should be used when:

  • a road is to be opened in a lot and at the same time a road is to be closed in the same lot or an adjoining lot
  • the road to be opened is a replacement for the road being closed because of a realignment of the road network.

If the land is freehold land, the simultaneous road closure and road opening can only occur when:

  • the road being opened is a replacement for the road being closed because of a realignment of the road network
  • the road being opened and closed is in the same lot or an adjoining lot held by the same registered owner
  • the roads being opened and closed are for the benefit of the public.

Application requirements

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 dedicate state land as a road under section 109A or section 109B 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.

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
    • scale
    • dimensions

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 verifying if there is any Telstra infrastructure located on the road area applied for.

Your application must be lodged via:

Payment options

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.

Contact us

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, contact:

Public notice requirement

To assess local community opinion about a proposed closure, a public notice may be required (e.g. advertisement in a local newspaper, signs erected on the land). If necessary, we will provide these details at the pre-lodgement meeting and after 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

Native title

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 investigated all issues, including native title, 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.

Depending on the tenure of the land, the conditions may include:

  • payment of the purchase price (including GST)
  • payment of stamp duty on the sale
  • lodgement of a plan of survey, if required
  • payment of all regulatory fees and charges.

Once you have accepted the offer and satisfied all conditions, we will take action to close the road and dedicate the new road, and notify you that the actions have been finalised.

In this guide:

  1. Applying for a road closure
  2. Applying to dedicate state land as a road
  3. Applying for a road licence
  4. Applying for simultaneous closure and opening of a road

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