Published on Monday, 18 February 2019 at 4:12:29 PM
The Proposal
A section of Carlton Hill Road is being proposed to be undedicated by the Shire.
Undedicated means “to be given over to a particular entity” which in this case means that the Shire wishes to change management of the road.
Legal Requirements
The Shire has to provide notice in accordance with section 58(3) of the Land Administration Act 1997 which gives consideration to the permanent partial closure of a portion of Carlton Hill Road, Kununurra.
Whilst the formal process involves the words “permanent partial closure”, the intent is to undedicate but retain access.
The proposition to undedicate the road has been requested by the landowner and pastoral lessee, Kimberley Agricultural Investments (KAI), with the intent that it will become a private road or access easement to be maintained and managed by KAI. It is anticipated that agreement with other key stakeholders on Carlton Hill Road will be required, to ensure access is permitted to communication towers, borrow pits and for tourism.
What does this mean?
The 18.5 km of road will be managed by KAI, which means it would no longer be a road reserve managed by the Shire, and would revert back to a pastoral station access. In order to provide legal access to KAI’s freehold land an access easement or similar would be required over the access road.
The Shire will only proceed with the above if there is an easement or public access route put over the road by the Department of Lands to allow continued access. It is noted that Carlton Hill Road connects to other access roads through the pastoral lease (which are maintained by KAI) that provide access to popular local and tourist spots including Skull Rock and Cape Domett. Access to these sites are not anticipated to be impacted by the proposed partial closure.
Background
The section of Carlton Hill Road proposed to be closed was only dedicated as a road in March 2009 as part of the Ord Final Agreement, to provide legal access to the freehold land that was granted to the then pastoral lessee, Consolidated Pastoral Company. Prior to March 2009 this section of the road was a pastoral station access road and not a dedicated or ‘gazetted’ road reserve.
When the road was dedicated in 2009, a deed of agreement was entered into between the Shire and CPC in relation to the construction, maintenance and management of Carlton Hill Road, and a similar deed was entered into between the Shire and KAI when the freehold lots and the pastoral lease were transferred to KAI.
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