The Council of the City of Shoalhaven v The Director General National Parks and Wildlife Service

The Council of the City of Shoalhaven appealed to the New South Wales Court of Appeal against a decision of the Land and Environment Court concerning the ownership of certain roads within the Pacific City Estate. The dispute centred on whether these roads had been validly dedicated and had vested in the Council.

The primary legal issues before the Court of Appeal were whether the roads in question had been opened and dedicated by the proprietor in accordance with the relevant provisions of the *Local Government Act 1906* and the *Real Property Act 1900*, and whether such dedication and acceptance by the public had occurred prior to 1 January 1920, thereby vesting ownership in the Council under section 232(1) of the *Local Government Act 1919*. The court also considered the requirements for the registration of Deposited Plans and the obtaining of Council approval for the opening of roads under the legislative framework then in force.

The Court of Appeal found that it was not necessary at the time for the road to be transferred to the Council or for the dedication to be shown on the Certificate of Title. Applying the common law and statutory requirements for dedication, the court determined that the roads within the Pacific City Estate had indeed been opened and dedicated by the proprietor and accepted by the public before 1 January 1920. Consequently, ownership of these roads vested in the Council under section 232(1) of the *Local Government Act 1919*. The appeal was allowed, and the orders of the Land and Environment Court were varied to include a declaration that the Council has an interest in fee simple in the land depicted as roads in deposited plans 8515, 8516, and 8517. Questions of costs were reserved.