Published: 10 February 2022

Eurobodalla’s new councillors have been briefed on the recent closure of Congo Road north.

Congo Road north, in part, runs through private property. This section of road was closed to the public following concerns raised by the landowner about the risks of injury to members of the public and the potential liability resting with the landowner.

Following receipt of independent legal advice prior to Christmas, Council had sought to remove a small number of trees along the edge of the physical road to assist the landowner and retain access for the public along the road. This work was deferred following objections received from some members of the community, respecting their wish for further engagement. At that point, the landowner’s agreement for the public to pass through their land was withdrawn and the northern route was closed to the public by Council.

Congo continues to be serviced via Congo Road south and Bingie Road. This route was progressively upgraded and sealed by Council with the last section completed in recent years. This route is a public road.

The southern route is slightly further to Moruya than the northern route, taking approximately four minutes extra in travel time to Moruya. Council acknowledges the difference in travel time for Congo village residents. The southern route provides much shorter travel times when heading to the south.

Council has sought further legal advice on this complex issue including advice to enable responses to questions raised by residents. Council is not in a position to be able to re-open the existing northern road through private land, or to indemnify the landowner against potential liability.

Additionally, Council has not been able to establish evidence, including through research by a specialist firm, to confirm the existence of a public road through prior use of the physical Congo Road north through the private land under Act 4 Willian IV. This means the land over the physical road is private land.

The landowner has pro-actively collaborated with the Rural Fire Service and made arrangements for access during bushfires, should that be required. NSW Ambulance have stated they are a busy mobile service, often on the road, and they will respond via Congo Road south. NSW Surf Life Saving have confirmed rescues would be conducted via rubber duck from Moruya SLSC, as per standard practice.

The landowner has also indicated a willingness to continue to work with Council toward providing a new road through the private land subject to that new road being in a mutually agreed location. Council is considering this possibility. To establish any new northern route, Council would need to:

• allocate funding, giving priority to this project over others elsewhere in the shire
• continue with more detailed environmental studies
• confirm that a new road could be approved for construction across the private land in accord with the various NSW Government environmental legislative requirements
• acquire the land in accord with Just Terms Compensation Act and other legislative

requirements, including any portions that may be required from the adjoining National Park

• prepare surveys for the new road reserve
• complete construction of a new road.

After review of further independent legal advice sought by Council, ongoing briefings will be provided to the new Council who will ultimately need to make decisions in the interest of the whole Eurobodalla community on the level of resource to be allocated to re-establishing the northern route.

Council has received correspondence from people seeking to have the northern route re-opened, from people asking that the route be kept closed, from people who agreed with the proposed tree removal on safety grounds, and from people who were opposed to the tree removal. Views have been expressed by people living along this route and from those living in other areas.

This complex matter will ultimately be a decision of the Council made by majority vote of the Councillors following a formal report to the Council.

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