31 July 2025

Congo Community Association sees potential fixes to impasse over closed road

| By Marion Williams
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Congo Road north has been closed since November 2021.

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.

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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.

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?”

Road closed sign

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”.

READ ALSO Major South Coast arterial road closed for three months

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.”

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Jenny Knowles10:17 am 06 Aug 25

The usual angry Council bashing from Ms Gardiner based on no facts at all. Pray tell Ms Gardiner what “informal agreement” do you refer to that is the entire basis for your criticism? Is it available in the Council records? Or is just a silly myth of some vague (or none at all) discussions involving the landowners and some old mate Councillor? What “statute of limitations” could possibly apply? The poor landowner allowed access across the private land for years and that stopped when the local Congo people objected to some tree trimming on that track. Now it seems the entitled Congo crew demand that Council (ratepayers) buy that land. Your angry animosity toward Council seems to blind you to the facts.

patricia gardiner5:26 pm 05 Aug 25

The Congo Road debacle began many moons ago. It is understood that council and landowners came to an agreement – council would allow the landowner to mine the old paper road reserve in exchange for the public’s continued use of the existing track.
PROBLEM: due to council incompetence the agreement was never formalised.
Then the statute of limitations kicks in making the ‘informal agreement’ questionable.
Court cases ensue.
The debacle, of course, must be financed by ratepayer dollars, just like the PAV.
Council caused the stuff-up and are responsible for fixing it.

Richard McLeod2:50 pm 02 Aug 25

Spend ratepayers money on us please. Why? We are so special and entitled. Congo people caused the old track (it is actually on private property!) to close. Get over it.

Richard, the private property you refer to is dissected by public land (owned by you and I). That is a fact whether you choose to accept it or not. But facts dont seem to matter much these days.

Richard McLeod7:44 pm 21 Aug 25

If you mean a ‘paper’ road (to the south of the actual Track) that runs nowhere up to the National Park then technically yes. That land has actually been subject to sand extraction over the years and seems Crown Lands were ok with that. If you mean the actual Track, that was kindly allowed to be used by the public for 20 odd years, then you are utterly wrong. That is private land. But as you say facts are not so important especially for entitled bush lawyers..

patricia gardiner5:33 pm 22 Aug 25

You are correct to an extent, Richard. But, the actual track, was not “kindly allowed to be used”.
It was the result of an agreement between the landowner and council which the council neglected to formalise..
Please see my post above.

It’s NOT and never was a Road you dummies! Read the reports. First up the Congo greenies (and some dopey Councillors – hello Clr Mayne) caused the closure of the TRACK across PRIVATE land in the first place. Those greenie genius’s wanted to save a few trees that just needed to be trimmed and cut for safety reasons. Fair enough to save the few trees rather than have access across PRIVATE land you’d think but OHHHH NO. The Congo whingers want ratepayers to now buy the land! It’s time for the Congo whingers to face the facts of their dopey tree saving decision and just drive an extra 5 minutes on what is an already improved road to join the Highway. Plenty of townships in Eurobodalla only have one road in and out. Move on Council and shut the door. No more ratepayer money should be wasted on these entitled Congo whingers.

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