Reserved Roads in Tasmania: Do you have legal access?
Overview
Reserved Roads are strips of land set aside by the Crown for potential future access. Unless these roads are proclaimed as a public road, their use and development are managed by the Parks and Wildlife Service (Parks).
Without a formal arrangement with Crown, as managed by Parks, use of Reserved Roads can be restricted, blocked or refused by Crown.
It is not uncommon for Reserved Roads to go unnoticed by landholders and parties dealing with land. Understanding the legal status and restrictions concerning Reserved Roads is essential for anyone involved in property transactions in Tasmania.
Legal status
Reserved Roads are not technically public use roads until they are transferred or proclaimed as roads for management by the local Council or the Department of State Growth.
Parks manage the use and development of Reserve Roads and handle all applications for leases, licences or permits in relation to Reserve Roads.
Do I have legal access?
A Reserved Road can often exist on or around parcels of land without an active understanding of their presence.
It is not uncommon for parties to construct access pathways through Reserved Roads, or utilise Reserved Roads for their primary / only access onto or through land. Legal access over and/or use of these roads requires formal approval from Parks. Once considered, this approval is generally issued in the form of an access licence, lease or permit.
Absent a formal access arrangement with Crown, use of a Reserve Road as access on or through land, or otherwise, is not guaranteed and may be illegal. Crown may limit access on or through any Reserved Roads, block access arrangements or direct parties not to pass through or use Reserved Roads.
Conclusion
The legal framework of Reserved Roads requires careful consideration by any party seeking to deal with, or understand, land in Tasmania. If you are looking to sell, purchase or subdivide property in Tasmania, please contact us and we will help you navigate all existing land restrictions.
