Congo Road north has been closed since November 2021. Photo: Supplied.
Congo Community Association (CCA) is frustrated it is being kept in the dark about what Eurobodalla Shire Council is doing to reopen Congo Road north.
The road was closed in November 2021. It means there is now only one road in and out. It includes a dangerous intersection with the Princes Highway.
CCA keeps asking questions, but claims it only gets perfunctory or half responses from council that only raise further questions.
CCA wants to be consulted and be part of a solution that is acceptable to the landowner, the community and council.
In 1999 council passed a resolution relating to three properties to acquire land and open/close a road to formalise sections of the Moruya to Congo road.
Two acquisitions were made and the road was formalised over those portions of land. The third landowner continued to allow public access to the ‘track in use’ until closing it, citing potential liability issues.
Separate to the track in use, Crown lands owned a paper road – one that only exists on maps and has not been built – that traverses the same property as the track in use. In May 2023 the paper road was transferred to council.
Council thought it had found a legal solution to formalise the road, in effect, by redefining the boundaries of the track in use as the paper road under section 18-21 of the roads act. The landowner challenged the council’s decision in the Supreme Court and won.
A map showing the track in use on private property and the paper road that was transferred from Crown lands to Eurobodalla Shire Council in May 2023. Photo: Supplied.
Since the judgement in August 2024, CCA has been seeking updates from council on next steps.
CCA public officer Johanna Weaver said CCA had asked council about the process to open the paper road to public access.
Council’s most recent communication with CCA, dated 15 July, said “no process currently exists for the public to access the paper road. Given it is clear parts of the road pose a significant risk to users, council will not advocate the use of the paper road or create a process with those risks evident”.
“CCA finds this unusual as the public is generally entitled to access paper roads,” Ms Weaver said. “Why is there no process in this case?”
Ms Weaver said CCA had advice that it was common practice to survey paper roads and – if risks were identified – with the landowner’s consent, agree to build the road in a different place to maintain public access.
Alternatively, if insurance was why the landowner closed the track in use, CCA wanted to know if council could indemnify the landowner.
“If council could extend its insurance to the track in use it would be a cheap and efficient way to reopen the road,” Ms Weaver said. “Have they offered to indemnify the landowner?”
Congo Road closure. Photo: Region.
Compulsory acquisition is another potential solution. In the August 2024 court decision, the judge said there was nothing to stop council from doing that.
“CCA’s preference is a negotiated outcome, but if negotiations between council and the landowner – which have been ongoing for 25 years – continue to be unsuccessful, the judge has pointed out that compulsory acquisition is a potential next step,” Ms Weaver said.
CCA has asked council if it has started the compulsory acquisition process, and if not, why not.
In its communication with CCA dated 15 July, council said it had not commenced a formal process for compulsory acquisition. “A specific direction through a resolution of council would be required to start the process.”
The community wants the road reopened, CCA understands the landowner also wants to find a solution and council says it is working on it.
Ms Weaver said compulsory acquisition was one option, but not the only one.
She said CCA had put all these ideas to council, briefed councillors and asked questions “but it is one-way with no genuine attempt to engage the community since the court case”.
She said CCA wanted to understand what council was actually working on.
“We are ready to work with all parties to find a solution. We want to be consulted on options, not just notified of outcomes.”
Region put several questions to council.
A council spokesperson said they were currently investigating the risk, financial and legal implications to council. “We are unable to answer your additional questions until this work has been completed.
“Council’s interim general manager is now examining the issues, including clarification of a number of legal matters. A report to council is expected in the coming months.”
