Congo road north, parts of which run through private property, was closed in late 2021 by Eurobodalla Shire Council after the landowner withdrew permission for the public to pass through the area because of concerns around potential liability.

Since then, the council has sought further legal advice on the issue.

The council cannot re-open the road, nor indemnify the landowner of potential liability.

A specialist research firm confirmed the road is on private land after being unable to establish evidence that the road was formerly public road.

A key concern for residents was that the loss of Congo road north isolated the town with only one route in and out. They feared this left the community vulnerable in emergencies, particularly bush fires.

However the council confirmed the landowner has made arrangements with the Rural Fire Service for access during bushfires.

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NSW Ambulance said they would respond to incidents via Congo road south.

NSW Surf Life Saving will continue to conduct rescues from Moruya SLSC.

The landowner also indicated a willingness to continue to work with the council toward providing a new road through the private land in a mutually agreeable location.

To construct a new road, the council would have to allocate prioritise funding over other projects in the shire and ensure the road could be constructed through private land in accordance with appropriate legislation.

The council would also have to perform environmental assessments and acquire the land in accordance with the Just Terms Compensation Act before any pre-construction surveys could be undertaken.

A council spokesperson said the new council would have to make decisions in the interest of the whole Eurobodalla community.

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They said council had received correspondence from many members of the community; some in favour of the road's closure, others wanting it opened; some in favour of tree removal along the road, others in opposition to tree removal.

Councillors will continue to receive ongoing briefings regarding the road.

They will vote on a course of action following a formal report to the council.