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LOCAL GOVERNMENT ACT 1993 - SECT 47F Dedication of community land as public road

LOCAL GOVERNMENT ACT 1993 - SECT 47F

Dedication of community land as public road

47F Dedication of community land as public road

(1) Community land may not be dedicated as a public road under section 10 of the Roads Act 1993 unless--
(a) the road is necessary to facilitate enjoyment of the area of community land on which the road is to be constructed or of any facility on that land, and
(b) the council has considered means of access other than public road access to facilitate that enjoyment, and
(c) there is a plan of management applying only to the land concerned and provision of the public road is expressly authorised in the plan of management.
(2) Subsection (1) does not apply to--
(a) a dedication of land for the purpose of widening an existing public road, or
(b) a dedication of land for the purpose of other roadworks of a minor character, authorised by the plan of management applying to the land, in respect of existing roads, or
(c) a dedication of land for the purpose of a road that is the subject of an order under Division 1 of Part 5 of the Roads Act 1993 .