New South Wales Consolidated Acts

WHITTINGHAM TO MOUNT THORLEY RAILWAY ACT 1975 - SECT 9

9 Closing of roads

(1) Notwithstanding any provision of the Public Roads Act 1902 , the Public Works Act 1912 or any other Act, where a road is or may be affected by the construction of the scheduled work the Commission may, with the approval of the Governor, by notice published in the Gazette close such part or parts of that road as is or are specified in the notice.

(2) A notice referred to in subsection (1) shall not be published unless the Governor is satisfied:

(a) that no person will be denied reasonable access to land by virtue of the closure or partial closure of the road, or

(b) that where a person is denied access to land along the road that is proposed to be closed or partially closed, that a reasonably alternative road of access to that land is permanently available or has been provided by the Commission.

(3) Upon publication in the Gazette of a notice referred to in subsection (1), any dedication as a public road of the land specified in the notice shall absolutely cease and determine and the rights of any person to use the land specified in the notice or any part of that land for the purpose of a road shall be extinguished.

(4) The land specified in the notice referred to in subsection (1) shall, upon publication of the notice, vest in the Commission as Constructing Authority.

(5) No claim against the Commission, whether as Constructing Authority or otherwise, for compensation shall arise from anything done by it under subsection (1) or from or in respect of the vesting under subsection (4).