ROADS (OPENING AND CLOSING) ACT 1991

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation

PART 2--General provisions

• 4 Power to open and close roads
• 5 Commencement of road process
• 6 Special power to close roads
• 6A Special powers to open or close roads in cases involving major developments
• 6B Special powers to alter roads associated with Adelaide Park Lands
• 7 Stock routes excluded from power to close roads
• 8 Vesting of roads

PART 3--Road process

Division 1--Preliminary proceedings

• 9 Deposit of preliminary plan and statement of persons affected
• 10 Notification of proposed road process
• 11 Dealings in land after commencement of process for road opening
• 12 Power to make preliminary agreements
• 13 Objection or application for easement

Division 2--Making of road process order

• 14 Meeting to consider objection or application
• 15 Making of road process order
• 16 Criteria in relation to road process orders
• 17 Further orders to be made in conjunction with order for road closure
• 18 Orders for road closure may include orders for easements
• 19 Notice of road process order
• 20 Deposit of documents after making road process order

Division 3--Review and confirmation of road process order

• 21 Review of road process order
• 22 Error or deficiency in order
• 23 Recommendation by Surveyor-General as to confirmation or non-confirmation of order
• 24 Confirmation of road process order

PART 4--Vesting and registration of land subject to road process order

• 25 Vesting of land pursuant to road process order
• 26 Issue of closed road title certificate by Minister
• 27 Content of closed road title certificate
• 28 Issue and merger of certificates of title by Registrar-General
• 29 Registration in Register of Crown leases
• 30 Registrar-General to amend records, documents of title etc

PART 5--Compensation etc

• 31 Land Acquisition Act applies where road opened
• 32 Compensation where road opening discontinued

PART 6--Acquisition of additional land under Land Acquisition Act

• 33 Acquisition of additional land under Land Acquisition Act

PART 7--Special power of Minister to close roads

• 34 Special power of Minister to close roads

PART 7A--Special powers associated with major developments

• 34A Interpretation
• 34B EIS may include proposal to open or close a road
• 34C Minister may order that road be opened or closed
• 34D Dealings in land after commencement of process under this Part
• 34E Modification or exclusion of certain parts of Act
• 34F Costs

PART 7B--Roads associated with Adelaide Park Lands

• 34G Roads associated with Adelaide Park Lands

PART 8--Miscellaneous

• 35 Certain orders not to be reviewable by Supreme Court
• 36 Money payable pursuant to agreements for exchange or transfer and sale of closed roads
• 37 Issue of certificate of title where owner of road is unknown or dead
• 38 Width of roads
• 39 Duty to fence
• 40 Declaration of public road followed by commencement of road closure process
• 41 Removal or variation of easement of prescribed public utility or public authority
• 42 Interaction with Real Property Act 1886 and planning legislation
• 43 Saving provision
• 44 Inspection of documents with Surveyor-General
• 45 Delegation by Minister
• 46 Delegation by other authorities
• 47 Service
• 48 Regulations
Legislative history Appendix--Divisional penalties and expiation fees The Parliament of South Australia enacts as follows: