Public access to roads

Roads within State forests are available to the public for use by licenced drivers operating registered vehicles, except where road access is restricted for forestry operations, safety obligations or to protect the environment.

Please note that roads within State forest are maintained to provide access for forest use. Most roads in State forests are built and managed by Forestry Corporation primarily for forest management purposes.

These roads are not strictly ‘public roads’ and under the Forestry Act 2012, Forestry Corporation retains the right to close roads as required.

Access to private property

There is no requirement to gain authorisation from Forestry Corporation to use a State forest road to access private property, however if there are specific requirements, a practical access authorisation or a legal access arrangement can be sought.

Practical access

Practical access is for the use of a forest road, and:

• Does not imply or provide legal access.
• Bears no impediment to Forestry Corporation of NSW or State forest users.
• Implies no maintenance by Forestry Corporation above our requirements. However, if you wish to carry out maintenance, you need prior permission from Forestry Corporation, and it is at your expense.
• Is not an encumbrance on Forestry Corporation.

Practical access does not require a plan or a survey and will be indicated through a map and descriptive letter of authority.

Practical access can be granted by way of a letter of consent from Forestry Corporation. You can apply for practical access through a practical access application. Each application incurs a fee. Practical access is granted to an individual and does not transfer with sale of the land. New owners must re-apply for practical access. The application fee is non-refundable even if the application is not approved.

Legal access (Legal right of carriageway or easement)

Forestry Corporation will generally not grant legal access over forest roads within a State forest, unless you can demonstrate that:

1. It is of mutual benefit to Forestry Corporation in gaining legal access through private property.
2. The outcome would benefit an essential 'Public Purpose' – as defined in the Land Acquisition (Just Terms Compensation) Act 1991 and Forestry Corporation has determined that it wants continued ownership and control of that road.
3. That there is no possible alternative access.

There are a number of exceptions under which we may consider granting of legal access:

• If we consider that the dedication of a State forest has restricted a previously existing right-of-way, then legal access could be considered, unless alternative access exists.
• If there is an existing route that is the only route to a private property or has been traditional access as a ‘track in use’, then granting legal access could be considered.
• If the private property is completely ‘land-locked’ by State forest, then legal access should be considered unless practical access is available.

Commercial access (forest permit)

To use a State forest road for commercial purposes (e.g. haul gravel from a quarry on private property), an authorisation under a Forest Permit must be gained. To seek this type of access, contact the local office. See contact details here.

Application fees

All applications for access, whether approved or not, will incur an administrative fee of $375.00 (ex GST).

For legal access applications that are granted or forest permits issued for commercial access, additional fees will be charged. The legal access fee is only payable after Ministerial approval of the legal access has been granted. On payment of the fee, Forestry Corporation will release the approved legal papers to the applicant.

Your legal access application should address how your application meets the exceptions/requirements listed above, however this does not guarantee an application will be approved.