Council gives road to Fisheries

Gosford Council is to give the Department of Primary Industries part of Brick Wharf Rd in Woy Woy without receiving any compensation.

The Department will acquire a section of road near Fisherman's Wharf "for the purpose of Fisheries NSW operations".

According to a council report, the Fisheries NSW boat storage shed, part of the fisheries jetty and the underground fuel storage facility, is located on land formerly part of a Crown Reserve for wharf and access.

"The reserve was extinguished in 1927 when the land was resumed as public road," the report stated.

"The facility encroached onto Brick Wharf Rd.

The road is owned by Council.

"The boatshed restricts the public right to use the public road but Fisheries has used the site without objection for many years, therefore there is no necessity to relocate the road to accommodate the shed."

The report stated Gosford Council will not receive compensation from the Department of Primary Industries.

"If the Crown acquires a public road, the council as the owner of the public road is entitled to compensation, but any compensation received by a council may be used only for acquiring land for the purposes of the new road or for constructing the new road and erecting or constructing new conduits, poles and structures," the report stated.

"The provision of a new road is not necessary, therefore no compensation is payable by the Department of Primary Industries to council."

Council agenda COR.23, 24 Feb 2009